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The Indian Penal Code

(45 of 1860)

Contents

Sections Details

Introduction

Preamble

Chapter I Introduction

1 Title and extent of operation of the Code

2 Punishment of offences committed within India

3 Punishment of offences committed beyond but which by law

may be tried within India

4 Extension of Code to extra-territorial offences

5 Certain laws not to be affected by this Act

CHAPTER II GENERAL EXPLANATIONS

6 Definitions in the Code to be understood subject to

exceptions

7 Sense of expression once explained

8 Gender

9 Number

10 "Man", "Woman"

11 "Person"

12 "Public"

13 Repealed

14 "Servant of Government"

15 Repealed

16 Repealed

17 "Government"

18 "India"

19 "Judge"

20 "Court of Justice"

21 "Public Servant"

22 "Movable property"

23 "Wrongful gain"

"Wrongful loss"

Gaining wrongfully, losing wrongfully

24 "Dishonestly"

25 "Fraudulently"

26 "Reason to believe"

27 "Property in possession of wife, clerk or servant"

28 "Counterfeit"

29 "Document"

30 "Valuable security"

31 "A will"

32 Words referring to acts include illegal omissions

33 "Act", "Omission"

34 Acts done by several persons in furtherance of common

intention

35 When such an act is criminal by reason of its being done with

a criminal knowledge or intention

36 Effect caused partly by act and partly by omission

37 Co-operation by doing one of several acts constituting an

offence

38 Persons concerned in criminal act may be guilty of different

offences

39 "Voluntarily"

40 "Offence"

41 "Special law"

42 "Local law"

43 "Illegal", "Legally bound to do"

44 "Injury"

45 "Life"

46 "Death"

47 "Animal"

48 "Vessel"

49 "Year", "Month"

50 "Section"

51 "Oath"

52 "Good faith"

52A "Harbour"

CHAPTER III OF PUNISHMENTS

53 Punishment

53A Construction of reference to transportation

54 Commutation of sentence of death

55 Commutation of sentence of imprisonment for life

55A Definition of "appropriate Government"

56 Repealed

57 Fractions of terms of punishment

58 Repealed

59 Repealed

60 Sentence may be (in certain cases of imprisonment) wholly or

partly rigorous or simple

61 Repealed

62 Repealed

63 Amount of fine

64 Sentence of imprisonment for non-payment of fine

65 Limit to imprisonment for non-payment of fine, when

imprisonment and fine awardable

66 Description of imprisonment for non-payment of fine

67 Imprisonment for non-payment of fine, when offence

punishable with fine only

68 Imprisonment to terminate on payment of fine

69 Termination of imprisonment on payment of proportional part

of fine

70 Fine leviable within six years, or during imprisonment—Death

not to discharge property from liability

71 Limit of punishment of offence made up of several offences

72 Punishment of person guilty of one of several offences, the

judgment stating that it is doubtful of which

73 Solitary confinement

74 Limit of solitary confinement

75 Enhanced punishment for certain offences under Chapter XII

or Chapter XVII after previous conviction

CHAPTER IV GENERAL EXCEPTIONS

76 Act done by a person bound, or by mistake of fact believing

himself bound, by law

77 Act of Judge when acting judicially

78 Act done pursuant to the judgment or order of Court

79 Act done by a person justified, or by mistake of fact believing

himself justified, by law

80 Accident in doing a lawful act

81 Act likely to cause harm, but done without criminal intent, and

to prevent other harm

82 Act of a child under seven years of age

83 Act of a child above seven and under twelve of immature

understanding

84 Act of a person of unsound mind

85 Act of a person incapable of judgment by reason of

intoxication caused against his will

86 Offence requiring a particular intent or knowledge committed

by one who is intoxicated

87 Act not intended and not known to be likely to cause death or

grievous hurt, done by consent

88 Act not intended to cause death, done by consent in good

faith for person’s benefit

89 Act done in good faith for benefit of child or insane person,

by or by consent of guardian

Provisos

90 Consent known to be given under fear or misconception

Consent of insane person

Consent of child

91 Exclusion of acts which are offences independently of harm

caused

92 Act done in good faith for benefit of a person without consent

Provisos

93 Communication made in good faith

94 Act to which a person is compelled by threats

95 Act causing slight harm

Of the Right of Private Defence

96 Things done in private defence

97 Right of private defence of the body and of property

98 Right of private defence against the act of a person of

unsound mind, etc

99 Acts against which there is no right of private defence

Extent to which the right may be exercised

100 When the right of private defence of the body extends to

causing death

101 When such right extends to causing any harm other than

death

102 Commencement and continuance of the right of private

defence of the body

103 When the right of private defence of property extends to

causing death

104 When such right extends to causing any harm other than

death

105 Commencement and continuance of the right of private

defence of property

106 Right of private defence against deadly assault when there is

risk of harm to innocent person

CHAPTER V OF ABETMENT

107 Abetment of a thing

108 Abettor

108A Abetment in India of offences outside India

109 Punishment of abetment if the act abetted is committed in

consequence, and where no express provision is made for its

punishment

110 Punishment of abetment if person abetted does act with

different intention from that of abettor

111 Liability of abettor when one act abetted and different act

done

Proviso

112 Abettor when liable to cumulative punishment for act abetted

and for act done

113 Liability of abettor for an effect caused by the act abetted

different from that intended by the abettor

114 Abettor present when offence is committed

115 Abetment of offence punishable with death or imprisonment

for life—if offence not committed

If act causing harm be done in consequence

116 Abetment of offence punishable with imprisonment—if

offence be not committed

If abettor or person abetted be a public servant whose duty it

is to prevent offence

117 Abetting commission of offence by the public or by more than

ten persons

118 Concealing design to commit offence punishable with death

or imprisonment for life

If offence be committed—if offence be not committed

119 Public servant concealing design to commit offence which it is

his duty to prevent

If offence be committed

If offence be punishable with death, etc

If offence be not committed

120 Concealing design to commit offence punishable with

imprisonment If offence be committed—if offence be not

committed

CHAPTER VA CRIMINAL CONSPIRACY

120A Definition of criminal conspiracy

120B Punishment of criminal conspiracy

CHAPTER VI OF OFFENCES AGAINST THE STATE

121 Waging, or attempting to wage war, or abetting waging of

war, against the Government of India

121A Conspiracy to commit offences punishable by section 121

122 Collecting arms, etc, with intention of waging war against the

Government of India

123 Concealing with intent to facilitate design to wage war

124 Assaulting President, Governor, etc, with intent to compel or

restrain the exercise of any lawful power

124A Sedition

125 Waging war against any Asiatic Power in alliance with the

Government of India

126 Committing depredation on territories of Power at peace with

the Government of India

127 Receiving property taken by war on depredation mentioned in

sections 125 and 126

128 Public servant voluntarily allowing prisoner of State or war to

escape

129 Public servant negligently suffering such prisoner to escape

130 Aiding escape of, rescuing or harbouring such prisoner

CHAPTER VII OF OFFENCES RELATING TO THE ARMY, NAVY AND

AIR FORCE

131 Abetting mutiny, or attempting to seduce a soldier, sailor or

airman from his duty

132 Abetment of mutiny, if mutiny is committed in consequence

thereof

133 Abetment of assault by soldier, sailor or airman on his

superior officer, when in execution of his office

134 Abetment of such assault, if the assault is committed

135 Abetment of desertion of soldier, sailor or airman

136 Harbouring deserter

137 Deserter concealed on board merchant vessel through

negligence of master

138 Abetment of act of insubordination by soldier, sailor or airman

138A Repealed

139 Persons subject to certain Acts

140 Wearing garb or carrying token used by soldier, sailor or

airman

CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141 Unlawful assembly

142 Being member of unlawful assembly

143 Punishment

144 Joining unlawful assembly armed with deadly weapon

145 Joining or continuing in unlawful assembly, knowing it has

been commanded to disperse

146 Rioting

147 Punishment for rioting

148 Rioting, armed with deadly weapon

149 Every member of unlawful assembly guilty of offence

committed in prosecution of common object

150 Hiring, or conniving at hiring, of persons to join unlawful

assembly

151 Knowingly joining or continuing in assembly of five or more

persons after it has been commanded to disperse

152 Assaulting or obstructing public servant when suppressing

riot, etc

153 Want only giving provocation with intent to cause riot - if

rioting be committed - if not committed

153A Promoting enmity between different groups on grounds of

religion, race, place of birth, residence, language, etc and

doing acts prejudicial to maintenance of harmony

Offence committed in place of worship, etc

153B Imputations, assertions prejudicial to national-integration

154 Owner or occupier of land on which an unlawful assembly is

held

155 Liability of person for whose benefit riot is committed

156 Liability of agent of owner or occupier for whose benefit riot is

committed

157 Harbouring persons hired for an unlawful assembly

158 Being hired to take part in an unlawful assembly or riot Or to

go armed

159 Affray

160 Punishment for committing affray

CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161 to 165A Repealed

166 Public servant disobeying law, with intent to cause injury to

any person

167 Public servant framing an incorrect document with intent to

cause injury

168 Public servant unlawfully engaging in trade

169 Public servant unlawfully buying or bidding for property

170 Personating a public servant

171 Wearing garb or carrying token used by public servant with

fraudulent intent

CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS

171A "Candidate", "Electoral right" defined

171B Bribery

171C Undue influence at elections

171D Personation at elections

171E Punishment for bribery

171F Punishment for undue influence or personation at an election

171G False statement in connection with an election

171H Illegal payments in connection with an election

171I Failure to keep election accounts

CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF

PUBLIC SERVANTS

172 Absconding to avoid service of summons or other proceeding

173 Preventing service of summons or other proceeding, or

preventing publication thereof

174 Non-attendance in obedience to an order from public servant

175 Omission to produce document to public servant by person

legally bound to produce it

176 Omission to give notice or information to public servant by

person legally bound to give it

177 Furnishing false information

178 Refusing oath or affirmation when duly required by public

servant to make it

179 Refusing to answer public servant authorised to question

180 Refusing to sign statement

181 False statement on oath or affirmation to public servant or

person authorized to administer an oath or affirmation

182 False information, with intent to cause public servant to use

his lawful power to the injury of another person

183 Resistance to the taking of property by the lawful authority of

a public servant

184 Obstructing sale of property offered for sale by authority of

public servant

185 Illegal purchase or bid for property offered for sale by

authority of public servant

186 Obstructing public servant in discharge of public functions

187 Omission to assist public servant when bound by law to give

assistance

188 Disobedience to order duly promulgated by public servant

189 Threat of injury to public servant

190 Threat of injury to induce person to refrain from applying for

protection to public servant

CHAPTER XI Of False evidence and offences against public justice

191 Giving false evidence

192 Fabricating false evidence

193 Punishment for false evidence

194 Giving or fabricating false evidence with intent to procure

conviction of capital offence

If innocent person be thereby convicted and executed

195 Giving or fabricating false evidence with intent to procure

conviction of offence punishable with imprisonment for life or

imprisonment

196 Using evidence known to be false

197 Issuing or signing false certificate

198 Using as true a certificate known to be false

199 False statement made in declaration which is by law

receivable as evidence

200 Using as true such declaration knowing it to be false

201 Causing disappearance of evidence of offence, or giving false

information to screen offender

if a capital offence

if punishable with imprisonment for life

if punishable with less than ten years’ imprisonment

202 Intentional omission to give information of offence by person

bound to inform

203 Giving false information respecting an offence committed

204 Destruction of document to prevent its production as evidence

205 False personation for purpose of act or proceeding in suit or

prosecution

206 Fraudulent removal or concealment of property to prevent its

seizure as forfeited or in execution

207 Fraudulent claim to property to prevent its seizure as forfeited

or in execution

208 Fraudulently suffering decree for sum not due

209 Dishonestly making false claim in Court

210 Fraudulently obtaining decree for sum not due

211 False charge of offence made with intent to injure

212 Harbouring offender

if a capital offence

if punishable with imprisonment for life, or with imprisonment

213 Taking gift, etc, to screen an offender from punishment

if a capital offence

if punishable with imprisonment for life, or with imprisonment

214 Offering gift or restoration of property in consideration of

screening offender

if a capital offence

if punishable with imprisonment for life, or with imprisonment

215 Taking gift to help to recover stolen property, etc

216 Harbouring offender who has escaped from custody or whose

apprehension has been ordered

if a capital offence

if punishable with imprisonment for life, or with imprisonment

216A Penalty for harbouring robbers or dacoits

216B Repealed

217 Public servant disobeying direction of law with intent to save

person from punishment or property from forfeiture

218 Public servant framing incorrect record or writing with intent to

save person from punishment or property from forfeiture

219 Public servant in judicial proceeding corruptly making report,

etc, contrary to law

220 Commitment for trial or confinement by person having

authority who knows that he is acting contrary to law

221 Intentional omission to apprehend on the part of public

servant bound to apprehend

222 Intentional omission to apprehend on the part of public

servant bound to apprehend person under sentence or

lawfully committed

223 Escape from confinement or custody negligently suffered by

public servant

224 Resistance or obstruction by a person to his lawful

apprehension

225 Resistance or obstruction to lawful apprehension of another

person

225A Omission to apprehend, or sufferance of escape, on part of

public servant, in cases not otherwise provided for

225B Resistance or obstruction to lawful apprehension, or escape

or rescue in cases not otherwise provided for

226 Repealed

227 Violation of condition of remission of punishment

228 Intentional insult or interruption to public servant sitting in

judicial proceeding

228A Disclosure of identity of the victim of certain offences etc

229 Personation of a juror or assessor

CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT

STAMPS

230 "Coin" defined Indian coin

231 Counterfeiting coin

232 Counterfeiting Indian coin

233 Making or selling instrument for counterfeiting coin

234 Making or selling instrument for counterfeiting Indian coin

235 Possession of instrument or material for the purpose of using

the same for counterfeiting coin if Indian coin

236 Abetting in India the counterfeiting out of India of coin

237 Import or export of counterfeit coin

238 Import or export of counterfeits of the Indian coin

239 Delivery of coin, possessed with knowledge that it is

counterfeit

240 Delivery of Indian coin, possessed with knowledge that it is

counterfeit

241 Delivery of coin as genuine, which, when first possessed, the

deliverer did not know to be counterfeit

242 Possession of counterfeit coin by person who knew it to be

counterfeit when he became possessed thereof

243 Possession of Indian coin by person who knew it to be

counterfeit when he became possessed thereof

244 Person employed in mint causing coin to be of different

weight or composition from that fixed by law

245 Unlawfully taking coining instrument from mint

246 Fraudulently or dishonestly diminishing weight or altering

composition of coin

247 Fraudulently or dishonestly diminishing weight or altering

composition of Indian coin

248 Altering appearance of coin with intent that it shall pass as

coin of different description

249 Altering appearance of Indian coin with intent that it shall pass

as coin of different description

250 Delivery of coin, possessed with knowledge that it is altered

251 Delivery of Indian coin, possessed with knowledge that it is

altered

252 Possession of coin by person who knew it to be altered when

he became possessed thereof

253 Possession of Indian coin by person who knew it to be altered

when he became possessed thereof

254 Delivery of coin as genuine, which, when first possessed, the

deliverer did not know to be altered

255 Counterfeiting Government stamp

256 Having possession of instrument or material for counterfeiting

Government stamp

257 Making or selling instrument for counterfeiting Government

stamp

258 Sale of counterfeit Government stamp

259 Having possession of counterfeit Government stamp

260 Using as genuine a Government stamp known to be a

counterfeit

261 Effacing writing from substance bearing Government stamp,

or removing from document a stamp used for it, with intent to

cause loss to Government

262 Using Government stamp known to have been before used

263 Erasure of mark denoting that stamp has been used

263A Prohibition of fictitious stamps

CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND

MEASURES

264 Fraudulent use of false instrument for weighing

265 Fraudulent use of false weight or measure

266 Being in possession of false weight or measure

267 Making or selling false weight or measure

CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH,

SAFETY, CONVENIENCE, DECENCY AND MORALS

268 Public nuisance

269 Negligent act likely to spread infection of disease dangerous

to life

270 Malignant act likely to spread infection of disease dangerous

to life

271 Disobedience to quarantine rule

272 Adulteration of food or drink intended for sale

273 Sale of noxious food or drink

274 Adulteration of drugs

275 Sale of adulterated drugs

276 Sale of drug as a different drug or preparation

277 Fouling water of public spring or reservoir

278 Making atmosphere noxious to health

279 Rash driving or riding on a public way

280 Rash navigation of vessel

281 Exhibition of false light, mark or buoy

282 Conveying person by water for hire in unsafe or overloaded

vessel

283 Danger or obstruction in public way or line of navigation

284 Negligent conduct with respect to poisonous substance

285 Negligent conduct with respect to fire or combustible matter

286 Negligent conduct with respect to explosive substance

287 Negligent conduct with respect to machinery

288 Negligent conduct with respect to pulling down or repairing

buildings

289 Negligent conduct with respect to animal

290 Punishment for public nuisance in cases not otherwise

provided for

291 Continuance of nuisance after injunction to discontinue

292 Sale, etc, of obscene books, etc

292A Printing, etc, of grossly indecent or securrilous matter or

matter intended for blackmail

293 Sale, etc of obscene objects to young person

294 Obscene acts and songs

294A Keeping lottery-office

CHAPTER XV OF OFFENCES RELATING TO RELIGION

295 Injuring or defiling place of worship with intent to insult the

religion of any class

295A Deliberate and malicious acts, intended to outrage religious

feelings of any class by insulting its religion or religious beliefs

296 Disturbing religious assembly

297 Trespassing on burial places, etc

298 Uttering, words, etc, with deliberate intent to wound the

religious feelings of any person

CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY

Of Offences affecting Life

299 Culpable homicide

300 Murder When culpable homicide is not murder

301 Culpable homicide by causing death of person other than

person whose death was intended

302 Punishment for murder

303 Punishment for murder by life-convict

304 Punishment for culpable homicide not amounting to murder

304A Causing death by negligence

304B Dowry death

305 Abetment of suicide of child or insane person

306 Abetment of suicide

307 Attempt to murder Attempts by life convicts

308 Attempt to commit culpable homicide

309 Attempt to commit suicide

310 Thug

311 Punishment

Of the Causing of Miscarriage, of Injuries to Unborn

Children, of the Exposure of Infants, and of the

Concealment of Births

312 Causing miscarriage

313 Causing miscarriage without woman’s consent

314 Death caused by act done with intent to cause miscarriage

If act done without woman’s consent

315 Act done with intent to prevent child being born alive or to

cause it to die after birth

316 Causing death of quick unborn child by act amounting to

culpable homicide

317 Exposure and abandonment of child under twelve years, by

parent or person having care of it

318 Concealment of birth by secret disposal of dead body

Of Hurt

319 Hurt

320 Grievous hurt

321 Voluntarily causing hurt

322 Voluntarily causing grievous hurt

323 Punishment for voluntarily causing hurt

324 Voluntarily causing hurt by dangerous weapons or means

325 Punishment for voluntarily causing grievous hurt

326 Voluntarily causing grievous hurt by dangerous weapons or

means

327 Voluntarily causing hurt to extort property, or to constrain to

an illegal act

328 Causing hurt by means of poison, etc with intent to commit an

offence

329 Voluntarily causing grievous hurt to extort property, or to

constrain to an illegal act

330 Voluntarily causing hurt to extort confession, or to compel

restoration of property

331 Voluntarily causing grievous hurt to extort confession, or to

compel restoration of property

332 Voluntarily causing hurt to deter public servant from his duty

333 Voluntarily causing grievous hurt to deter public servant from

his duty

334 Voluntarily causing hurt on provocation

335 Voluntarily causing grievous hurt on provocation

336 Act endangering life or personal safety of others

337 Causing hurt by act endangering life or personal safety of

others

338 Causing grievous hurt by act endangering life or personal

safety of others

Of Wrongful Restraint and Wrongful Confinement

339 Wrongful restraint

340 Wrongful confinement

341 Punishment for wrongful restraint

342 Punishment for wrongful confinement

343 Wrongful confinement for three or more days

344 Wrongful confinement for ten or more days

345 Wrongful confinement of person for whose liberation writ has

been issued

346 Wrongful confinement in secret

347 Wrongful confinement to extort property, or constrain to illegal

act

348 Wrongful confinement to extort confession, or compel

restoration of property

Of Criminal Force and Assault

349 Force

350 Criminal force

351 Assault

352 Punishment for assault or criminal force otherwise than on

grave provocation

353 Assault or criminal force to deter public servant from

discharge of his duty

354 Assault or criminal force to woman with intent to outrage her

modesty

355 Assault or criminal force with intent to dishonour person,

otherwise than on grave provocation

356 Assault or criminal force in attempt to commit theft of property

carried by a person

357 Assault or criminal force in attempt wrongfully to confine a

person

358 Assault or criminal force on grave provocation

Of Kidnapping, Abduction, Slavery and Forced Labour

359 Kidnapping

360 Kidnapping from India

361 Kidnapping from lawful guardianship

362 Abduction

363 Punishment for kidnapping

363A Kidnapping or maiming a minor for purposes of begging

364 Kidnapping or abducting in order to murder

364A Kidnapping for ransom, etc

365 Kidnapping or abducting with intent secretly and wrongfully to

confine person

366 Kidnapping, abducting or inducing woman to compel her

marriage, etc

366A Procuration of minor girl

366B Importation of girl from foreign country

367 Kidnapping or abducting in order to subject person to

grievous hurt, slavery, etc

368 Wrongfully concealing or keeping in confinement, kidnapped

or abducted person

369 Kidnapping or abducting child under ten years with intent to

steal from its person

370 Buying or disposing of any person as a slave

371 Habitual dealing in slaves

372 Selling minor for purposes of prostitution, etc

373 Buying minor for purposes of prostitution, etc

374 Unlawful compulsory labour

Sexual Offences

375 Rape

376 Punishment for rape

376A Intercourse by a man with his wife during separation

376B Intercourse by public servant with woman in his custody

376C Intercourse by superintendent of jail, remand home, etc

376D Intercourse by any member of the management or staff of a

hospital with any woman in that hospital

Of Unnatural Offences

377 Unnatural offences

CHAPTER XVII OF OFFENCES AGAINST PROPERTY

Of Theft

378 Theft

379 Punishment for theft

380 Theft in dwelling house, etc

381 Theft by clerk or servant of property in possession of master

382 Theft after preparation made for causing death, hurt or

restraint in order to the committing of the theft

Of Extortion

383 Extortion

384 Punishment for extortion

385 Putting person in fear of injury in order to commit extortion

386 Extortion by putting a person in fear of death or grievous hurt

387 Putting person in fear of death or of grievous hurt, in order to

commit extortion

388 Extortion by threat of accusation of an offence punishable

with death or imprisonment for life, etc

389 Putting person in fear of accusation of offence, in order to

commit extortion

Of Robbery and Dacoity

390 Robbery

When theft is robbery

When extortion is robbery

391 Dacoity

392 Punishment for robbery

393 Attempt to commit robbery

394 Voluntarily causing hurt in committing robbery

395 Punishment for dacoity

396 Dacoity with murder

397 Robbery, or dacoity, with attempt to cause death or grievous

hurt

398 Attempt to commit robbery or dacoity when armed with deadly

weapon

399 Making preparation to commit dacoity

400 Punishment for belonging to gang of dacoits

401 Punishment for belonging to gang of thieves

402 Assembling for purpose of committing dacoity

Of Criminal Misappropriation of Property

403 Dishonest misappropriation of property

404 Dishonest misappropriation of property possessed by

deceased person at the time of his death

Of Criminal Breach of Trust

405 Criminal breach of trust

406 Punishment for criminal breach of trust

407 Criminal breach of trust by carrier, etc

408 Criminal breach of trust by clerk or servant

409 Criminal breach of trust by public servant, or by banker,

merchant or agent

Of the Receiving of Stolen Property

410 Stolen Property

411 Dishonestly receiving stolen property

412 Dishonestly receiving property stolen in the commission of a

dacoity

413 Habitually dealing in stolen property

414 Assisting in concealment of stolen property

Of Cheating

415 Cheating

416 Cheating by personation

417 Punishment for cheating

418 Cheating with knowledge that wrongful loss may ensue to

person whose interest offender is bound to protect

419 Punishment for cheating by personation

420 Cheating and dishonestly inducing delivery of property

Of Fraudulent Deeds and Disposition of Property

421 Dishonest or fraudulent removal or concealment of property

to prevent distribution among creditors

422 Dishonestly or fraudulently preventing debt being available for

creditors

423 Dishonest or fraudulent execution of deed of transfer

containing false statement of consideration

424 Dishonest or fraudulent removal or concealment of property

Of Mischief

425 Mischief

426 Punishment for mischief

427 Mischief causing damage to the amount of fifty rupees

428 Mischief by killing or maiming animal of the value of ten

rupees

429 Mischief by killing or maiming cattle, etc, of any value or any

animal of the value of fifty rupees

430 Mischief by injury to works of irrigation or by wrongfully

diverting water

431 Mischief by injury to public road, bridge, river or channel

432 Mischief by causing inundation or obstruction to public

drainage attended with damage

433 Mischief by destroying, moving or rendering less useful a

light-house or sea-mark

434 Mischief by destroying or moving, etc, a land-mark fixed by

public authority

435 Mischief by fire or explosive substance with intent to cause

damage to amount of one hundred or (in case of agricultural

produce) ten rupees

436 Mischief by fire or explosive substance with intent to destroy

house, etc

437 Mischief with intent to destroy or make unsafe a decked

vessel or one of twenty tons burden

438 Punishment for the mischief described in section 437

committed by fire or explosive substance

439 Punishment for intentionally running vessel agground or

ashore with intent to commit theft, etc

440 Mischief committed after preparation made for causing death

or hurt

Of Criminal Trespass

441 Criminal trespass

442 House trespass

443 Lurking house-trespass

444 Lurking house-trespass by night

445 House breaking

446 House-breaking by night

447 Punishment for criminal trespass

448 Punishment for house-trespass

449 House-trespass in order to commit offence punishable with

death

450 House-trespass in order to commit offence punishable with

imprisonment for life

451 House-trespass in order to commit offence punishable with

imprisonment

452 House-trespass after preparation for hurt, assault or wrongful

restraint

453 Punishment for lurking house-trespass or house-breaking

454 Lurking house-trespass or house-breaking in order to commit

offence punishable with imprisonment

455 Lurking house-trespass or house-breaking after preparation

for hurt, assault or wrongful restraint

456 Punishment for lurking house-trespass or house-breaking by

night

457 Lurking house-trespass or house-breaking by night in order to

commit offence punishable with imprisonment

458 Lurking house-trespass or house-breaking by night after

preparation for hurt, assault, or wrongful restraint

459 Grievous hurt caused whilst committing lurking house-

trespass or house-breaking

460 All persons jointly concerned in lurking house-trespass or

house- breaking by night punishable where death or grievous

hurt caused by one of them

461 Dishonestly breaking open receptacle containing property

462 Punishment for same offence when committed by person

entrusted with custody

CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO

PROPERTY MARKS

463 Forgery

464 Making a false document

465 Punishment for forgery

466 Forgery of record of court or of public register, etc

468 Forgery for purpose of cheating

469 Forgery for purpose of harming reputation

470 Forged document

471 Using as genuine a forged document

472 Making or possessing counterfeit seal, etc, with intent to

commit forgery punishable under section 467

473 Making or possessing counterfeit seal, etc, with intent to

commit forgery punishable otherwise

474 Having possession of document described in section 466 or

467, knowing it to be forged and intending to use it as

genuine

475 Counterfeiting device or mark used for authenticating

documents described in section 467, or possessing

counterfeit marked material

476 Counterfeiting device or mark used for authenticating

documents other than those described in section 467, or

possessing counterfeit marked material

477 Fraudulent cancellation, destruction, etc of will, authority to

adopt, or valuable security

477A Falsification of accounts

Of Property and Other Marks

478 Repealed

479 Property mark

480 Repealed

481 Using a false property mark

482 Punishment for using a false property mark

483 Counterfeiting a property mark used by another

484 Counterfeiting a mark used by a public servant

485 Marking or possession of any instrument for counterfeiting a

property mark

486 Selling goods marked with a counterfeit property mark

487 Making a false mark upon any receptacle containing goods

488 Punishment for making use of any such false mark

489 Tampering with property mark with intent to cause injury

Of Currency-Notes and Bank-Notes

489A Counterfeiting currency-notes or bank-notes

489B Using as genuine, forged or counterfeit currency-notes or

bank-notes

489C Possession of forged or counterfeit currency-notes or bank-

notes

489D Making or possessing instruments or materials for forging or

counterfeiting currency-notes or bank-notes

489E Making or using documents resembling currency-notes or

bank-notes

CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF

SERVICE

490 Repealed

491 Breach of contract to attend on and supply wants of helpless

person

492 Repealed

CHAPTER XX OF OFFENCES RELATING TO MARRIAGE

493 Cohabitation caused by a man deceitfully inducing a belief of

lawful marriage 176

494 Marrying again during lifetime of husband or wife

495 Same offence with concealment of former marriage from

person with whom subsequent marriage is contracted

496 Marriage ceremony fraudulently gone through without lawful

marriage

497 Adultery

498 Enticing or taking away or detaining with criminal intent a

married woman

CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF

HUSBAND

498A Husband or relative of husband of a woman subjecting her to

cruelty

CHAPTER XXI OF DEFAMATION

499 Defamation Imputation of truth which public good requires to

be made or published

Public conduct of public servants

Conduct of any person touching any public question

Publication of reports of proceedings of Courts

Merits of case decided in Court or conduct of witnesses and

others concerned

Merits of public performance

Censure passed in good faith by person having lawful

authority over another

G Accusation preferred in good faith to authorised person

H Imputation made in good faith by person for protection of his

or other’s interests

i Caution intended for good of person to whom conveyed or for

public good

500 Punishment for defamation

501 Printing or engraving matter known to be defamatory

502 Sale of printed or engraved substance containing defamatory

matter

CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503 Criminal intimidation

504 Intentional insult with intent to provoke breach of the peace

505 Statements conducing to public mischief

Statements creating or promoting enmity, hatred or ill-will

between classes

Offence under sub-section (2) committed in place of worship,

etc

506 Punishment for criminal intimidation

If threat be to cause death or grievous hurt, etc

507 Criminal intimidation by an anonymous communication

508 Act caused by inducing person to believe that he will be

rendered an object of the Divine displeasure

509 Word, gesture or act intended to insult the modesty of a

woman

510 Misconduct in public by a drunken person

CHAPTER XXIII OF ATTEMPTS TO COMMIT OFFENCES

511 Punishment for attempting to commit offences punishable

with imprisonment for life or other imprisonment

The Indian Penal Code

Introduction

In the uncivilized society no person was said to be safe from attacks to his person

or property by any other person. The person attacked either succumbed or over-

powered his opponent. A tooth for a tooth, an eye for an eye, a life for a life was

the rule of law. With the advancement of time, the injured person agreed to accept

compensation, instead of killing his adversary. For a long time the function of

settling the terms remained with the parties themselves, but gradually this function

came to be performed by the State.

In India the criminal jurisprudence came into existence from the time of

Manu. Manu has recognized assault, theft, robbery, false evidence, slander,

criminal breach of trust, cheating, adultery and rape. The king protected his

subjects and the subjects in return owed him allegiance and paid him revenue.

The king administered justice himself, if unable due to certain circumstances, the

matter was entrusted to a judge. If a criminal was fined, the fine went to the king’s

treasury and was not given as compensation to the injured party.

Different laws came into existence in the reins of different rulers. When the

Britishers came into India they adopted a different set of law which was based on

British pattern, but it was not uniform throughout India. Different regulations were

passed prescribing practice and procedure to be followed. In 1834 the first Indian

Law Commission was constituted to investigate into the jurisdiction, powers and

rules of the existing courts as well as police establishments and into the laws in

operation in British India. The Indian Penal Code was drafted by the first Indian

Law Commission under the presidentship of Macaulay and was submitted to the

Governor-General of India in Council in 1837. It was circulated to the Judges and

law advisors of the Crown. In 1845, another Commission was appointed to review

the Code. This Commission submitted its report in two parts, one in 1846 and the

other in 1847. The Code was revised according to the report of the Commission

but it never saw the light of the day. Subsequently, it was revised by two Law

Members of the Governor-General of India in Council and was presented to the

Legislative Council in 1856.

Act 45 of 1860

The Indian Penal Code Bill was passed by the Legislative Council and it received

the assent of the Governor-General on 6th October, 1860. It came on the Statute

Book as THE INDIAN PENAL CODE (45 of 1860).

List of Amending Acts and Adaptation Orders

1. The Repealing Act, 1870 (14 of 1870).

2. The Indian Penal Code Amendment Act, 1870 (27 of 1870).

3. The Indian Penal Code Amendment Act, 1872 (19 of 1872).

4. The Indian Oaths Act, 1873 (10 of 1873).

5. The Indian Penal Code Amendment Act, 1882 (8 of 1882).

6. The Code of Criminal Procedure, 1882 (10 of 1882).

7. The Indian Criminal Law Amendment Act, 1886 (10 of 1886).

8. The Indian Marine Act, 1887 (14 of 1887).

9. The Metal Tokens Act, 1889 (1 of 1889).

10. The Indian Merchandise Marks Act, 1889 (4 of 1889).

11. The Cantonments Act, 1889 (13 of 1889).

12. The Indian Railways Act, 1890 (9 of 1890).

13. The Indian Criminal Law Amendment Act, 1891 (10 of 1891).

14. The Amending Act, 1891 (12 of 1891).

15. The Indian Criminal Law Amendment Act, 1894 (3 of 1894).

16. The Indian Criminal Law Amendment Act, 1895 (3 of 1895).

17. The Indian Penal Code Amendment Act, 1896 (6 of 1896).

18. The Indian Penal Code Amendment Act, 1898 (4 of 1898).

19. The Currency-Notes Forgery Act, 1899 (12 of 1899).

20. The Indian Penal Code Amendment Act, 1910 (3 of 1910).

21. The Indian Criminal Law Amendment Act, 1913 (8 of 1913).

22. The Indian Elections Offences and Inquiries Act, 1920 (39 of

1920).

23. The Indian Penal Code (Amendment) Act, 1921 (16 of 1921).

24. The Indian Penal Code (Amendment) Act, 1923 (20 of 1923).

25. The Indian Penal Code (Amendment) Act, 1924 (5 of 1924).

26. The Indian Criminal Law Amendment Act, 1924 (18 of 1924).

27. The Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of

1925).

28. The Obscene Publications Act, 1925 (8 of 1925).

29. The Indian Penal Code (Amendment) Act, 1925 (29 of 1925).

30. The Repealing and Amending Act, 1927 (10 of 1927).

31. The Criminal Law Amendment Act, 1927 (25 of 1927).

32. The Repealing and Amending Act, 1930 (8 of 1930).

33. The Indian Air Force Act, 1932 (14 of 1932).

34. The Amending Act, 1934 (35 of 1934).

35. The Government of India (Adaptation of Indian Laws) Order,

1937.

36. The Criminal Law Amendment Act, 1939 (22 of 1939).

37. The Offences on Ships and Aircrafts Act, 1940 (4 of 1940).

38. The Indian Merchandise Marks (Amendment) Act, 1941 (2 of

1941).

39. The Indian Penal Code (Amendment) Act, 1942 (8 of 1942).

40. The Indian Penal Code (Amendment) Act, 1943 (6 of 1943).

41. The Indian Independence (Adaptation of Central Acts and

Ordinances) Order, 1948.

42. The Criminal Law (Removal of Racial Discriminations) Act, 1949

(17 of 1949).

43. The Indian Penal Code and the Code of Criminal Procedure

(Amendment) Act, 1949 (42 of 1949).

44. The Adaptation of Laws Order, 1950.

45. The Repealing and Amending Act, 1950 (35 of 1950).

46. The Part B States (Laws) Act, 1951 (3 of 1951).

47. The Criminal Law Amendment Act, 1952 (46 of 1952).

48. The Repealing and Amending Act, 1952 (48 of 1952).

49. The Repealing and Amending Act, 1953 (42 of 1953).

50. The Code of Criminal Procedure (Amendment) Act, 1955 (26 of

1955).

51. The Adaptation of Laws (No.2) Order, 1956.

52. The Repealing and Amending Act, 1957 (36 of 1957).

53. The Criminal Law Amendment Act, 1958 (2 of 1958).

54. The Trade and Merchandise Marks Act, 1958 (43 of 1958).

55. The Indian Penal Code (Amendment) Act, 1959 (52 of 1959).

56. The Indian Penal Code (Amendment) Act, 1961 (41 of 1961).

57. The Anti-Corruption Laws (Amendment) Act, 1964 (40 of 1964).

58. The Criminal and Election Laws Amendment Act, 1969 (35 of

1969).

59. The Indian Penal Code (Amendment) Act, 1969 (36 of 1969).

60. The Criminal Law (Amendment) Act, 1972 (31 of 1972).

61. The Employees’ Provident Funds and Family Pension Fund

(Amendment) Act, 1973 (40 of 1973).

62. The Employees’ State Insurance (Amendment) Act, 1975 (38 of

1975).

63. The Election Laws (Amendment) Act, 1975 (40 of 1975).

64. The Criminal Law (Amendment) Act, 1983 (43 of 1983).

65. The Criminal Law (Second Amendment) Act, 1983 ( 46 of 1983).

66. The Dowry Prohibition (Amendment) Act, 1986 (43 of 1986).

67. The Employees’ Provident Funds and Miscellaneous Provisions

(Amendment) Act, 1988 (33 of 1988).

68. The Prevention of Corruption Act, 1988 (49 of 1988).

69. The Criminal Law (Amendment) Act, 1993 (42 of 1993).

70. The Indian Penal Code (Amendment) Act, 1995 (24 of 1995).

THE INDIAN PENAL CODE

(45 OF 1860)1

6th October, 1860

Preamble —

Whereas it is expedient to provide a general Penal Code for India; It is enacted as

follows: —

CHAPTER I - INTRODUCTION

1. Title and extent of operation of the Code —

This Act shall be called the Indian Penal Code, and shall extend to the whole of

India except the State of Jammu and Kashmir.

2. Punishment of offences committed within India —

Every person shall be liable to punishment under this Code and not otherwise for

every act or omission contrary to the provisions thereof, of which, he shall be guilty

within India.

3. Punishment of offences committed beyond but which by law may be tried

within India —

Any person liable, by any Indian law to be tried for an offence committed beyond

India shall be dealt with according to the provisions of this Code for any act

committed beyond India in the same manner as if such act had been committed

within India.

4. Extension of Code to extra-territorial offences —

The provisions of this Code apply also to any offence committed by—

(1) any citizen of India in any place without and beyond India;

(2) any person on any ship or aircraft registered in India wherever it may be.

Explanation — In this section the word "offence" includes every act committed

outside India, which, if committed in India, would be punishable under this Code.

Illustration

A, who is a citizen of India, commits a murder in Uganda. He can be tried and

convicted of murder in any place in India in which he may be found.

5. Certain laws not to be affected by this Act —

Nothing in this Act shall affect the provisions of any Act for punishing mutiny and

desertion of officers, soldiers, sailors or airmen in the service of the Government of

India or the provisions of any special or local law.

CHAPTER II - GENERAL EXPLANATIONS

6. Definitions in the Code to be understood subject to exceptions —

Throughout this Code every definition of an offence, every penal provision, and

every illustration of every such definition or penal provision, shall be understood

subject to the exceptions contained in the Chapter entitled "General Exceptions",

though these exceptions are not repeated in such definition, penal provision, or

illustration.

Illustrations

(a) The sections, in this Code, which contain definitions of offences, do not

express that a child under seven years of age cannot commit such offences, but

the definitions are to be understood subject to the general exception which

provides that nothing shall be an offence which is done by a child under seven

years of age.

(b) A, a police-officer, without warrant, apprehends Z, who has committed murder.

Here A is not guilty of the offence of wrongful confinement for he was bound by

law to apprehend Z and therefore the case falls within the general exception which

provides that "nothing is an offence which is done by a person who is bound by

law to do it".

7. Sense of expression once explained —

Every expression which is explained in any part of this Code, is used in every part

of this Code in conformity with the explanation.

8. Gender —

The pronoun "he" and its derivatives are used of any person, whether male or

female.

9. Number —

Unless the contrary appears from the context, words importing the singular

number include the plural number, and words importing the plural number include

the singular number.

10. "Man", "Woman" —

The word "man" denotes a male human being of any age; the word "woman"

denotes a female human being of any age.

11. "Person"—

The word "person" includes any Company or Association or body of persons,

whether incorporated or not.

12. "Public" —

The word "public" includes any class of the public or any community.

13. "Queen" —

Rep. by the A.O. 1950.

14. "Servant of Government" —

The words "servant of Government" denote any officer or servant continued,

appointed or employed in India or under the authority of Government.

15. "British India" —

Rep. by the A.O. 1937.

16. "Government of India" —

Rep. by the A.O. 1937.

17. "Government" —

The word "Government" denotes the Central Government or the Government of a

State.

18. "India" —

"India" means the territory of India excluding the State of Jammu and Kashmir.

19. "Judge" —

The word "Judge" denotes not only every person who is officially designated as a

Judge, but also every person who is empowered by law to give, in any legal

proceeding, civil or criminal, a definitive judgment, or a judgment which, if not

appealed against, would be definitive, or a judgment which is confirmed by some

other authority, would be definitive, or who is one of a body of persons, which body

of persons is empowered by law to give such a judgment.

Illustrations

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has

power to sentence to fine or imprisonment, with or without appeal, is a Judge.

Madras Code, to try and determine suits, is a Judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has

power only to commit for trial to another court, is not a Judge.

20. "Court of Justice" —

The words "Court of Justice" denote a Judge who is empowered by law to act

judicially alone, or a body of Judges which is empowered by law to act judicially as

a body, when such Judge or body of Judges is acting judicially.

Illustration

A panchayat acting under Regulation VII, 1816, of the Madras Code, having power

to try and determine suits, is a Court of Justice.

21. "Public Servant" —

The words "public servant" denote a person falling under any of the descriptions

hereinafter following; namely: —

Second — Every Commissioned Officer in the Military, Naval or Air

Forces of India;

Third — Every Judge including any person empowered by law to

discharge, whether by himself or as a member of any body of persons,

any adjudicatory functions;

Fourth — Every officer of a Court of Justice (including a liquidator,

receiver or commissioner) whose duty it is as such officer, to investigate

or report on any matter of law or fact, or to make, authenticate, or keep

any document, or to take charge or dispose of any property, or to

execute any judicial process, or to administer any oath, or to interpret, or

to preserve order in the Court, and every person specially authorized by

a Court of Justice to perform any of such duties;

Fifth — Every juryman, assessor, or member of a panchayat assisting a

Court of Justice or public servant;

Sixth — Every arbitrator or other person to whom any cause or matter

has been referred for decision or report by any Court of Justice, or by

any other competent public authority;

Seventh —Every person who holds any office by virtue of which he is

empowered to place or keep any person in confinement;

Eighth — Every officer of the Government whose duty it is, as such

officer, to prevent offences, to give information of offences, to bring

offenders to justice, or to protect the public health, safety or

convenience;

Ninth — Every officer whose duty it is, as such officer, to take, receive,

keep or expend any property on behalf of the Government, or to make

any survey, assessment or contract on behalf of the Government, or to

execute any revenue process, or to investigate, or to report, on any

matter affecting the pecuniary interests of the Government, or to make,

authenticate or keep any document relating to the pecuniary interests of

the Government, or to prevent the infraction of any law for the protection

of the pecuniary interests of the Government ;

Tenth — Every officer whose duty it is, as such officer, to take, receive,

keep or expend any property, to make any survey or assessment or to

levy any rate or tax for any secular common purpose of any village, town

or district, or to make, authenticate or keep any document for the

ascertaining of the rights of the people of any village, town or district;

Eleventh — Every person who holds any office in virtue of which he is

empowered to prepare, publish, maintain or revise an electoral roll or to

conduct an election or part of an election;

Twelfth — Every person—

(a) in the service or pay of the Government or remunerated by fees

or commission for the performance of any public duty by the

Government;

(b) in the service or pay of a local authority, a corporation established

by or under a Central, Provincial or State Act or a Government

company as defined in section 617 of the Companies Act, 1956 (1 of

1956).

Illustration

A Municipal Commissioner is a public servant.

Explanation 1 — Persons falling under any of the above descriptions are public

servants, whether appointed by the Government or not.

Explanation 2 — Wherever the words "public servant" occur, they shall be

understood of every person who is in actual possession of the situation of a public

servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3 — The word "election" denotes an election for the purpose of

selecting members of any legislative, municipal or other public authority, of

whatever character, the method of selection to which is by, or under, any law

prescribed as by election.

STATE AMENDMENT

State of Rajasthan:

In section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its

application to the State of Rajasthan, after clause twelfth, the following new clause

shall be added, namely: —

"Thirteenth — Every person employed or engaged by any public body in the

conduct and supervision of any examination recognised or approved under any

law.

Explanation —The expression ‘Public Body’ includes—

(a) a University, Board of Education or other body, either established by

or under a Central or State Act or under the provisions of the

Constitution of India or constituted by the Government; and

(b) a local authority."

Vide Rajasthan Act, 1993 4 of 1993, sec.2 (w.e.f. 11-2-1993).

22. "Movable property" —

The words "movable property" are intended to include corporeal property of

every description, except land and things attached to the earth or permanently

fastened to anything which is attached to the earth.

23. "Wrongful gain" —

"Wrongful gain" is gain by unlawful means of property, which the person gaining is

not legally entitled.

"Wrongful loss" —

"Wrongful loss" is the loss by unlawful means of property to which the person

losing it is legally entitled.

Gaining wrongfully, losing wrongfully —

A person is said to gain wrongfully when such person retains wrongfully, as well as

when such person acquires wrongfully. A person is said to lose wrongfully when

such person is wrongfully kept out of any property as well as when such person is

wrongfully deprived of property.

24. "Dishonestly" —

Whoever does anything with the intention of causing wrongful gain to one person

or wrongful loss to another person, is said to do that thing "dishonestly".

25. "Fraudulently" —

A person is said to do a thing fraudulently if he does that thing with intent to

defraud but not otherwise.

26. "Reason to believe" —

A person is said to have "reason to believe" a thing, if he has sufficient cause to

believe that thing but not otherwise.

27. Property in possession of wife, clerk or servant —

When property is in the possession of a person’s wife, clerk or servant, on account

of that person, it is in that person’s possession within the meaning of this Code.

Explanation — A person employed temporarily or on a particular occasion in the

capacity of a clerk or servant, is a clerk or servant within the meaning of this

section.

28. "Counterfeit" —

A person is said to "counterfeit" who causes one thing to resemble another thing,

intending by means of that resemblance to practise deception, or knowing it to be

likely that deception will thereby be practised.

Explanation 1 — It is not essential to counterfeiting that the imitation should be

exact.

Explanation 2 — When a person causes one thing to resemble another thing, and

the resemblance is such that a person might be deceived thereby, it shall be

presumed, until the contrary is proved, that the person so causing the one thing to

resemble the other thing intended by means of that resemblance to practise

deception or knew it to be likely that deception would thereby be practised.

29. "Document" —

The word "document" denotes any matter expressed or described upon any

substance by means of letters, figures, or marks, or by more than one of those

means, intended to be used, or which may be used, as evidence of that matter.

Explanation 1 — It is immaterial by what means or upon what substance the

letters, figures or marks are formed, or whether the evidence is intended for, or

may be used in, a Court of Justice, or not.

Illustrations

A writing expressing the terms of a contract, which may be used as evidence of

the contract, is a document.

A cheque upon a banker is a document.

A power-of-attorney is a document.

A map or plan which is intended to be used or which may be used as evidence, is

a document.

Explanation 2 — Whatever is expressed by means of letters, figures or marks as

explained by mercantile or other usage, shall be deemed to be expressed by such

letters, figures or marks within the meaning of this section, although the same may

not be actually expressed.

Illustration

A writes his name on the back of a bill of exchange payable to his order. The

meaning of the endorsement, as explained by mercantile usage, is that the bill is

to be paid to the holder. The endorsement is a document, and must be construed

in the same manner as if the words "pay to the holder" or words to that effect had

been written over the signature.

30. "Valuable security" —

The words "valuable security" denote a document which is, or purports to be, a

document whereby any legal right is created, extended, transferred, restricted,

extinguished or released, or where by any person acknowledges that he lies under

legal liability, or has not a certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this

endorsement is transfer the right to the bill to any person who may become the

lawful holder of it, the endorsement is a "valuable security".

COMMENTS

The certificates which are found as forged for being admitted in the college could

be described as valuable security; Kansaheb Kalu Patil v. State of Maharashtra,

AIR 1981 SC 80: 1980 Cr LJ 1312.

31. "A will" —

The words "a will" denote any testamentary document.

32. Words referring to acts include illegal omissions —

In every part of this Code, except where a contrary intention appears from the

context, words which refer to acts done extend also to illegal omissions.

33. "Act", "Omission" —

The word "act" denotes as well a series of acts as a single act: the word

"omission" denotes as well as series of omissions as a single omission.

34. Acts done by several persons in furtherance of common intention —

When a criminal act is done by several persons in furtherance of the common

intention of all, each of such persons is liable for that act in the same manner as if

it were done by him alone.

COMMENTS

(i) When an offence is sought to be proved only on circumstantial evidence, the

allegations of common intention under section 34 of the Indian Penal Code

normally cannot be established in absence of meeting of mind, the overt act of the

accused, by their conduct, by using the weapons by their utterance of words;

Santosh Desai v. State of Goa, (1997) 2 Crimes 666 (Bom).

(ii) If some act is done by the accused person in furtherance of common intention

of his co-accused, he is equally liable like his co-accused; State of Punjab v. Fauja

Singh, (1997) 3 Crimes 170 (P & H).

(iii) In order to convict a person vicariously liable under section 34 or section 149 it

is not necessary to prove that each and everyone of them had indulged in overts

acts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782 : AIR 1989 SC 1593.

(iv) When the accused rushed with sword drawn itself showed that he shared the

common intention hence liable for conviction under section 300, read with section

34; Abdulla Kunhi v. The State of Kerala, (1990) SC Cr 525.

(v) Both sections 149 and 34 deal with a combination of persons who become

liable to be punished as sharers in the commission of offences. The non-

applicability of section is, therefore, no bar in convicting the accused under

substantive section read with section 34 if the evidence discloses commission of

an offence in furtherance of the common intention of them all; Nethala Pothuraju v.

State of Andhra Pradesh, (1991) Cr LJ 3133 (SC).

(vi) Mere surrender by appellant alongwith accused before police does not show

meeting of minds as to bring the case within ambit of section 34; Rangaswami v.

State of Tamil Nadu, (1989) Cr LJ 875: AIR 1989 SC 1137.

(vii) In order to bring a case under section 34 it is not necessary that there must be

a prior conspiracy or pre-meditation, the common intention can be formed in the

course of occurrence; Hari Om v. State of Uttar Pradesh, 1993(1) Crimes 294

(SC).

35. When such an act is criminal by reason of its being done with a criminal

knowledge or intention —

Whenever an act, which is criminal only by reason of its being done with a criminal

knowledge or intention, is done by several persons, each of such persons who

joins in the act with such knowledge or intention is liable for the act in the same

manner as if the act were done by him alone with that knowledge or intention.

36. Effect caused partly by act and partly by omission —

Wherever the causing of a certain effect, or an attempt to cause that effect, by an

act or by an omission, is an offence, it is to be understood that the causing of that

effect partly by an act and partly by an omission is the same offence.

Illustration

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and

partly by beating Z. A has committed murder.

37. Co-operation by doing one of several acts constituting an offence —

When an offence is committed by means of several acts, whoever intentionally co-

operates in the commission of that offence by doing any one of those acts, either

singly or jointly with any other person, commits that offence.

Illustrations

(a) A and B agree to murder Z by severally and at different times giving him small

doses of poison. A and B administer the poison according to the agreement with

intent to murder Z. Z dies from the effects of the several doses of poison so

administered to him. Here A and B intentionally co-operate in the commission of

murder and as each of them does an act by which the death is caused, they are

both guilty of the offence though their acts are separate.

(b) A and B are joint jailors, and as such have the charge of Z, a prisoner,

alternatively for six hours at a time. A and B, intending to cause Z’s death,

knowingly co-operate in causing that effect by illegally omitting, each during the

time of his attendance, to furnish Z with food supplied to them for that purpose, Z

dies of hunger. Both A and B are guilty of the murder of Z.

illegally omits to supply Z with food in consequence of which Z is much reduced in

strength, but the starvation is not sufficient to cause his death. A is dismissed from

his office, and B succeeds him. B, without collusion or co-operation with A, illegally

omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z

dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty

only of an attempt to commit murder.

38. Persons concerned in criminal act may be guilty of different offences —

Where several persons are engaged or concerned in the commission of a criminal

act, they may be guilty of different offences by means of that act.

Illustration

A attacks Z under such circumstances of grave provocation that his killing of Z

would be only culpable homicide not amounting to murder B, having ill-will towards

Z and intending to kill him, and not having been subject to the provocation, assists

A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is

guilty of murder, and A is guilty only of culpable homicide.

39. "Voluntarily" —

A person is said to cause an effect "voluntarily" when he causes it by means

whereby he intended to cause it, or by means which, at the time of employing

those means, he knew or had reason to believe to be likely to cause it.

Illustration

A sets fire, by night, to an inhabited house in a large town, for the purpose of

facilitating a robbery and thus causes the death of a person. Here, A may not have

intended to cause death; and may even be sorry that death has been caused by

his act; yet, if he knew that he was likely to cause death, he has caused death

voluntarily.

40. "Offence" —

Except in the Chapters and sections mentioned in clauses 2 and 3 of this section,

the word "offence" denotes a thing made punishable by this Code.

In Chapter IV, Chapter VA and in the following sections, namely, sections 64, 65,

66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214,

221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the

words "offence" denotes a thing punishable under this Code, or under any special

or local law as hereinafter defined.

And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has

the same meaning when the thing punishable under the special or local law is

punishable under such law with imprisonment for a term of six months or upwards,

whether with or without fine.

41. "Special law" —

A "special law" is a law applicable to a particular subject.

42. "Local law" —

A "local law" is a law applicable only to a particular part of India.

43. "Illegal", "Legally bound to do" —

The word "illegal" is applicable to everything which is an offence or which is

prohibited by law, or which furnishes ground for a civil action; and a person is said

to be "legally bound to do" whatever it is illegal in him to omit.

44. "Injury" —

The word "injury" denotes any harm whatever illegally caused to any person, in

body, mind, reputation or property.

45. "Life" —

The word "life" denotes the life of a human being, unless the contrary appears

from the context.

46. "Death" —

The word "death" denotes the death of a human being, unless the contrary

appears from the context.

47. "Animal" —

The word "animal" denotes any living creature, other than a human being.

48. "Vessel" —

The word "vessel" denotes anything made for the conveyance by water of human

beings or of property.

49. "Year", "Month" —

Wherever the word "year" or the word "month" is used, it is to be understood that

the year or the month is to be reckoned according to the British calendar.

50. "Section" —

The word "section" denotes one of those portions of a Chapter of this Code which

are distinguished by prefixed numeral figures.

51. "Oath" —

The word "oath" includes a solemn affirmation substituted by law for an oath, and

any declaration required or authorized by law to be made before a public servant

or to be used for the purpose of proof, whether in a Court of Justice or not.

52. "Good faith" —

Nothing is said to be done or believed in "good faith" which is done or believed

without due care and attention.

52A. "Harbour" —

Except in section 157, and in section 130 in the case in which the harbour is given

by the wife or husband of the person harboured, the word "harbour" includes the

supplying a person with shelter, food, drink, money, clothes, arms, ammunition or

means or conveyance, or the assisting a person by any means, whether of the

same kind as those enumerated in this section or not, to evade apprehension.

CHAPTER III - OF PUNISHMENTS

53. Punishment —

The punishments to which offenders are liable under the provisions of this Code

are—

First — Death;

Secondly — Imprisonment for life;

Fourthly — Imprisonment, which is of two descriptions, namely: —

(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly — Forfeiture of property;

Sixthly — Fine.

53A. Construction of reference to transportation —

(1) Subject to the provisions of sub-section (2) and sub-section (3), any reference

to "transportation for life" in any other law for the time being in force or in any

instrument or order having effect by virtue of any such law or of any enactment

repealed shall be construed as a reference to "imprisonment for life".

(2) In every case in which a sentence of transportation for a term has been passed

before the commencement of the Code of Criminal Procedure (Amendment) Act,

1955 (26 of 1955), the offender shall be dealt with in the same manner as if

sentenced to rigorous imprisonment for the same term.

(3) Any reference to transportation for a term or to transportation for any shorter

term (by whatever name called) in any other law for the time being in force shall be

deemed to have been omitted.

(4) Any reference to "transportation" in any other law for the time being in force

shall, —

(a) if the expression means transportation for life, be construed as a

reference to imprisonment for life;

(b) if the expression means transportation for any shorter term, be

deemed to have been omitted.

54. Commutation of sentence of death —

In every case in which sentence of death shall have been passed, the appropriate

Government may, without the consent of the offender, commute the punishment

for any other punishment provided by this Code.

55. Commutation of sentence of imprisonment for life —

In every case in which sentence of imprisonment for life shall have been passed,

the appropriate Government may, without the consent of the offender, commute

the punishment for imprisonment of either description for a term not exceeding

fourteen years.

55A. Definition of "appropriate Government" —

In sections 54 and 55 the expression "appropriate Government" means,—

(a) in cases where the sentence is a sentence of death or is for an

offence against any law relating to a matter to which the executive

power of the Union extends, the Central Government; and

(b) in cases where the sentence (whether of death or not) is for an

offence against any law relating to a matter to which the executive

power of the State extends, the Government of the State within which

the offender is sentenced.

56. Sentence of Europeans and Americans to penal servitude, proviso as to

sentence for term exceeding ten years but not for life —

Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of

1949) (w.e.f. 6-4-1949).

57. Fractions of terms of punishment —

In calculating fractions of terms of punishment, imprisonment for life shall be

reckoned as equivalent to imprisonment for twenty years.

58. Offenders sentenced to transportation how dealt with until transported —

Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955),

sec. 117 and Sch. (w.e.f. 1-1-1956).

59. Transportation instead of imprisonment —

Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955),

sec. 117 and Sch. (w.e.f. 1-1-1956).

60. Sentence may be (in certain cases of imprisonment) wholly or partly

rigorous or simple —

In every case in which an offender is punishable with imprisonment which may be

of either description, it shall be competent to the court which sentences such

offender to direct in the sentence that such imprisonment shall be wholly rigorous,

or that such imprisonment shall be wholly simple, or that any part of such

imprisonment shall be rigorous and the rest simple.

61. Sentence of forfeiture of property —

Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921), sec. 4.

62. Forfeiture of property in respect of offenders punishable with death,

transportation or imprisonment —

Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921) sec. 4.

63. Amount of fine —

Where no sum is expressed to which a fine may extend, the amount of fine to

which the offender is liable is unlimited, but shall not be excessive.

64. Sentence of imprisonment for non-payment of fine —

In every case, of an offence punishable with imprisonment as well as fine, in which

the offender is sentenced to a fine, whether with or without imprisonment, and in

every case of an offence punishable with imprisonment or fine, or with fine only, in

which the offender is sentenced to a fine, it shall be competent to the Court which

sentences such offender to direct by the sentence that, in default of payment of

the fine, the offender shall suffer imprisonment for a certain term, which

imprisonment shall be in excess of any other imprisonment to which he may have

been sentenced or to which he may be liable under a commutation of a sentence.

65. Limit to imprisonment for non-payment of fine, when imprisonment and

fine awardable

The term for which the Court directs the offender to be imprisoned in default of

payment of a fine shall not exceed one-fourth of the term of imprisonment which is

the maximum fixed for the offence, if the offence be punishable with imprisonment

as well as fine.

66. Description of imprisonment for non-payment of fine —

The imprisonment which the Court imposes in default of payment of a fine may be

of any description to which the offender might have been sentenced for the

offence.

67. Imprisonment for non-payment of fine, when offence punishable with fine

only —

If the offence be punishable with fine only, the imprisonment which the Court

imposes in default of payment of the fine shall be simple, and the term for which

the Court directs the offender to be imprisoned, in default of payment of fine, shall

not exceed the following scale, that is to say, for any term not exceeding two

months when the amount of the fine shall not exceed fifty rupees, and for any term

not exceeding four months when the amount shall not exceed one hundred

rupees, and for any term not exceeding six months in any other case.

68. Imprisonment to terminate on payment of fine —

The imprisonment which is imposed in default of payment of a fine shall terminate

whenever that fine is either paid or levied by process of law.

69. Termination of imprisonment on payment of proportional part of fine —

If, before the expiration of the term of imprisonment fixed in default of payment,

such a proportion of the fine be paid or levied that the term of imprisonment

suffered in default of payment is not less than proportional to the part of the fine

still unpaid, the imprisonment shall terminate.

Illustration

A is sentenced to a fine of one hundred rupees and to four months’ imprisonment

in default of payment. Here, if seventy-five rupees of the fine be paid or levied

before the expiration of one month of the imprisonment. A will be discharged as

soon as the first month has expired. If seventy-five rupees be paid or levied at the

time of the expiration of the first month, or at any later time while A continues in

imprisonment. A will be immediately discharged. If fifty rupees of the fine be paid

or levied before the expiration of two months of the imprisonment, A will be

discharged as soon as the two months are completed. If fifty rupees be paid or

levied at the time of the expiration of those two months, or at any later time while A

continues in imprisonment, A will be immediately discharged.

70. Fine leviable within six years or during imprisonment—Death not to

discharge property from liability —

The fine, or any part thereof which remains unpaid, may be levied at any time

within six years after the passing of the sentence, and if, under the sentence, the

offender be liable to imprisonment for a longer period than six years, then at any

time previous to the expiration of that period; and the death of the offender does

not discharge from the liability any property which would, after his death, be legally

liable for his debts.

71. Limit of punishment of offence made up of several offences —

Where anything which is an offence is made up of parts, any of which parts is itself

an offence, the offender shall not be punished with the punishment of more than

one of such his offences, unless it be so expressly provided.

Where anything is an offence falling within two or more separate definitions

of any law in force for the time being by which offences are defined or punished, or

where several acts, of which one or more than one would by itself or themselves

constitute an offence, constitute, when combined, a different offence, the offender

shall not be punished with a more severe punishment than the court which tries

him could award for any one of such offences.

Illustrations

(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of

voluntarily causing hurt to Z by the whole beating, and also by each of the blows

which make up the whole beating. If A were liable to punishment for every blow,

he might be imprisoned for fifty years, one for each blow. But he is liable only to

one punishment for the whole beating.

(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as

the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A

is liable to one punishment for voluntarily causing hurt to Z, and to another for the

blow given to Y.

72. Punishment of person guilty of one of several offences, the judgment

stating that it is doubtful of which -

In all cases in which judgment is given that a person is guilty of one of several

offences specified in the judgment, but that it is doubtful of which of these

offences, he is guilty, the offender shall be punished for the offence for which the

lowest punishment is provided if the same punishment is not provided for all.

73. Solitary confinement —

Whenever any person is convicted of an offence for which under this Code the

Court has power to sentence him to rigorous imprisonment, the Court may, by its

sentence, order that the offender shall be kept in solitary confinement for any

portion or portions of the imprisonment to which he is sentenced, not exceeding

three months in the whole, according to the following scale, that is to say—

a time not exceeding one month if the term of imprisonment shall not exceed six

months;

a time not exceeding two months if the term of imprisonment shall exceed six

months and shall not exceed one year;

a time not exceeding three months if the term of imprisonment shall exceed one

year.

74. Limit of solitary confinement —

In executing a sentence of solitary confinement, such confinement shall in no case

exceed fourteen days at a time, with intervals between the periods of solitary

confinement of not less duration than such periods; and when the imprisonment

awarded shall exceed three months, the solitary confinement shall not exceed

seven days in any one month of the whole imprisonment awarded, with intervals

between the periods of solitary confinement of not less duration than such periods.

75. Enhanced punishment for certain offences under Chapter XII or Chapter

XVII after previous conviction —

Whoever, having been convicted, —

(a) by a court in India, of an offence punishable under Chapter XII or

Chapter XVII of this Code with imprisonment of either description for a

term of three years or upwards, shall be guilty of any offence punishable

under either of those Chapters with like imprisonment for the like term,

shall be subject for every such subsequent offence to imprisonment for

life, or to imprisonment of either description for a term which may extend

to ten years.

CHAPTER IV - GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself

bound, by law —

Nothing is an offence, which is done by a person who is, or who by reason of a

mistake of fact and not by reason of a mistake of law in good faith believes himself

to be, bound by law to do it.

Illustrations

(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity

with the commands of the law. A has committed no offence.

(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and,

after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

77. Act of Judge when acting judicially —

Nothing is an offence which is done by a Judge when acting judicially in the

exercise of any power which is, or which in good faith he believes to be, given to

him by law.

78. Act done pursuant to the judgment or order of Court —

Nothing which is done in pursuance of, or which is warranted by the judgment or

order of, a Court of Justice; if done whilst such judgment or order remains in force,

is an offence, notwithstanding the Court may have had no jurisdiction to pass such

judgment or order, provided the person doing the act in good faith believes that the

Court had such jurisdiction.

79. Act done by a person justified, or by mistake of fact believing himself

justified, by law

Nothing is an offence which is done by any person who is justified by law, or who

by reason of a mistake of fact and not by reason of a mistake of law in good faith,

believes himself to be justified by law, in doing it.

Illustration

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best

of his judgment exerted in good faith, of the power which the law gives to all

persons of apprehending murderers in the fact, seizes Z, in order to bring Z before

the proper authorities. A has committed no offence, though it may turn out that Z

was acting in self-defence.

80. Accident in doing a lawful act —

Nothing is an offence, which is done by accident or misfortune, and without any

criminal intention or knowledge in the doing of a lawful act in a lawful manner by

lawful means and with proper care and caution.

Illustration

A is at work with a hatchet; the head flies off and kills a man who is standing by.

Here, if there was no want of proper caution on the part of A, his act is excusable

and not an offence.

81. Act likely to cause harm, but done without criminal intent, and to prevent

other harm —

Nothing is an offence merely by reason of its being done with the knowledge that it

is likely to cause harm, if it be done without any criminal intention to cause harm,

and in good faith for the purpose of preventing or avoiding other harm to person or

property.

Explanation -—It is question of fact in such a case whether the harm to be

prevented or avoided was of such a nature and so imminent as to justify or excuse

the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence

on his part, finds himself in such a position that, before he can stop his vessel, he

must inevitably run down to boat B, with twenty or thirty passengers on board,

unless he changes the course of his vessel, and that, by changing his course, he

must incur risk of running down a boat C with only two passengers on board,

which he may possibly clear. Here, if A alters his course without any intention to

run down the boat C and in good faith for the purpose of avoiding the danger to

the passengers in the boat B, he is not guilty of an offence, though he may run

down the boat C by doing an act which he knew was likely to cause that effect, if it

be found as a matter of fact that the danger which he intended to avoid was such

as to excuse him in incurring the risk of running down the boat C.

(b) A, in a great fire, pulls down houses in order to prevent the conflagration from

spreading. He does this with the intention in good faith of saving human life or

property. Here, if it be found that the harm to be prevented was of such a nature

and so imminent as to excuse A’s act. A is not guilty of the offence.

82. Act of a child under seven years of age —

Nothing is an offence which is done by a child under seven years of age.

83. Act of a child above seven and under twelve of immature understanding

—

Nothing is an offence which is done by a child above seven years of age and

under twelve, who has not attained sufficient maturity of understanding to judge of

the nature and consequences of his conduct on that occasion.

84. Act of a person of unsound mind —

Nothing is an offence which is done by a person who, at the time of doing it, by

reason of unsoundness of mind, is incapable of knowing the nature of the act, or

that he is doing what is either wrong or contrary to law.

85. Act of a person incapable of judgment by reason of intoxication caused

against his will —

Nothing is an offence which is done by a person who, at the time of doing it, is, by

reason of intoxication, incapable of knowing the nature of the act, or that he is

doing what is either wrong, or contrary to law; provided that the thing which

intoxicated him was administered to him without his knowledge or against his will.

COMMENTS

(i) Voluntary drunkenness is no excuse for commission of a crime; Mirza Ghani

Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(ii) So far as knowledge is concerned, the standard of test is same as in case of

intention; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(iii) The court must attribute to the intoxicated man the same knowledge as if he

was quite sober unless he was besides his mind altogether at the time of incident;

Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

86. Offence requiring a particular intent or knowledge committed by one who

is intoxicated —

In cases where an act done is not an offence unless done with a particular

knowledge or intent, a person who does the act in a state of intoxication shall be

liable to be dealt with as if he had the same knowledge as he would have had if he

had not been intoxicated, unless the thing which intoxicated him was administered

to him without his knowledge or against his will.

COMMENTS

(i) The prosecution has to prove that in spite of drunkenness the accused had

intention to commit the act forbidden by law; Mirza Ghani Baig v. State of Andhra

Pradesh, (1997) 2 Crimes 19 (AP).

(ii) Sometimes intention on the part of the person who is drunk can also be

assessed from the nature of weapon used in the commission of the offence. If a

person uses a weapon which is not dangerous and the attack results in death, a

malicious intention cannot be drawn against him even though drunkenness is no

excuse; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

87. Act not intended and not known to be likely to cause death or grievous

hurt, done by consent —

Nothing which is not intended to cause death, or grievous hurt, and which is not

known by the doer to be likely to cause death or grievous hurt, is an offence by

reason of any harm which it may cause, or be intended by the doer to cause, to

any person, above eighteen years of age, who has given consent, whether

express or implied, to suffer that harm; or by reason of any harm which it may be

known by the doer to be likely to cause to any such person who has consented to

take the risk of that harm.

Illustration

A and Z agrees to fence with each other for amusement. This agreement implies

the consent of each to suffer any harm which, in the course of such fencing, may

be caused without foul play; and if A, while playing fairly, hurts Z, A commits no

offence.

88. Act not intended to cause death, done by consent in good faith for

person’s benefit —

Nothing which is not intended to cause death, is an offence by reason of any harm

which it may cause, or be intended by the doer to cause, or be known by the doer

to be likely to cause, to any person for whose benefit it is done in good faith, and

who has given a consent, whether express or implied, to suffer that harm, or to

take the risk of that harm.

Illustration

A, a surgeon, knowing that a particular operation is likely to cause the death of Z,

who suffers under a painful complaint, but not intending to cause Z’s death and

intending in good faith, Z’s benefit performs that operation on Z, with Z’s consent.

A has committed no offence.

89. Act done in good faith for benefit of child or insane person, by or by

consent of guardian —

Nothing which is done in good faith for the benefit of a person under twelve years

of age, or of unsound mind, by or by consent, either express or implied, of the

guardian or other person having lawful charge of that person, is an offence by

reason of any harm which it may cause, or be intended by the doer to cause or be

known by the doer to be likely to cause to that person:

Provisos—Provided—

First — That this exception shall not extend to the intentional

causing of death, or to the attempting to cause death;

Secondly — That this exception shall not extend to the doing of

anything which the person doing it knows to be likely to cause death,

for any purpose other than the preventing of death or grievous hurt,

or the curing of any grievous disease or infirmity;

Thirdly — That this exception shall not extend to the voluntary

causing of grievous hurt, or to the attempting to cause grievous hurt,

unless it be for the purpose of preventing death or grievous hurt, or

the curing of any grievous disease or infirmity;

Fourthly —That this exception shall not extend to the abetment of

any offence, to the committing of which offence it would not extend.

Illustration

A, in good faith, for his child’s benefit without his child’s consent, has his child cut

for the stone by a surgeon, knowing it to be likely that the operation will cause the

child’s death, but not intending to cause the child’s death. A is within the exception

in as much as his object was the cure of the child.

90. Consent known to be given under fear or misconception —

A consent is not such a consent as it intended by any section of this Code, if the

consent is given by a person under fear of injury, or under a misconception of fact,

and if the person doing the act knows, or has reason to believe, that the consent

was given in consequence of such fear or misconception; or

Consent of insane person —if the consent is given by a person who, from

unsoundness of mind, or intoxication, is unable to understand the nature and

consequence of that to which he gives his consent; or

Consent of child —unless the contrary appears from the context, if the consent is

given by a person who is under twelve years of age.

91. Exclusion of acts which are offences independently of harm caused —

The exceptions in sections 87, 88 and 89 do not extend to acts which are offences

independently of any harm which they may cause, or be intended to cause, or be

known to be likely to cause, to the person giving the consent, or on whose behalf

the consent is given.

Illustration

Causing miscarriage (unless caused in good faith for the purpose of saving the life

of the woman) is an offence independently of any harm which it may cause or be

intended to cause to the woman. Therefore, it is not an offence "by reason of

such harm"; and the consent of the woman or of her guardian to the causing of

such miscarriage does not justify the act.

92. Act done in good faith for benefit of a person without consent —

Nothing is an offence by reason of any harm which it may cause to a person for

whose benefit it is done in good faith, even without that person’s consent, if the

circumstances are such that it is impossible for that person to signify consent, or if

that person is incapable of giving consent, and has no guardian or other person in

lawful charge of him from whom it is possible to obtain consent in time for the thing

to be done with benefit:

Provisos—Provided—

First — That this exception shall not extend to the intentional

causing of death, or the attempting to cause death;

Secondly —That this exception shall not extend to the doing of

anything which the person doing it knows to be likely to cause death,

for any purpose other than the preventing of death or grievous hurt,

or the curing of any grievous disease or infirmity;

Thirdly -—That this exception shall not extend to the voluntary

causing of hurt, or to the attempting to cause hurt, for any purpose

other than the preventing of death or hurt;

Fourthly —That this exception shall not extend to the abetment of

any offence, to the committing of which offence it would not extend.

Illustrations

(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires

to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit,

performs the trepan before Z recovers his power of judging for himself. A has

committed no offence.

(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot

may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball

gives Z a mortal wound. A has committed on offence.

unless an operation be immediately performed. There is no time to apply to the

child’s guardian. A performs the operation in spite of the entreaties of the child,

intending, in good faith, the child’s benefit. A has committed no offence.

(d) A is in a house which is on fire, with Z, a child. People below hold out a

blanket. A drops the child from the housetop, knowing it to be likely that the fall

may kill the child, but not intending to kill the child, and intending, in good faith, the

child’s benefit. Here, even if the child is killed by the fall, A has committed no

offence.

Explanation — Mere pecuniary benefit is not benefit within the meaning of

sections 88, 89 and 92.

93. Communication made in good faith —

No communication made in good faith is an offence by reason of any harm to the

person to whom it is made, if it is made for the benefit of that person.

Illustration

A, a surgeon, in good faith, communicates to a patient his opinion that he cannot

live. The patient dies in consequence of the shock. A has committed no offence,

though he knew it to be likely that the communication might cause the patient’s

death.

94. Act to which a person is compelled by threats —

Except murder, and offences against the State punishable with death, nothing is

an offence which is done by a person who is compelled to do it by threats, which,

at the time of doing it, reasonably cause the apprehension that instant death to

that person will otherwise be the consequence: Provided the person doing the act

did not of his own accord, or from a reasonable apprehension of harm to himself

short of instant death, place himself in the situation by which he became subject to

such constraint.

Explanation 1 —A person who, of his own accord, or by reason of a threat of

being beaten, joins a gang of dacoits, knowing their character, is not entitled to the

benefit of this exception, on the ground of his having been compelled by his

associates to do anything that is an offence by law.

Explanation 2 —A person seized by a gang of dacoits, and forced, by threat of

instant death, to do a thing which is an offence by law; for example, a smith

compelled to take his tools and to force the door of a house for the dacoits to enter

and plunder it, is entitled to the benefit of this exception.

95. Act causing slight harm —

Nothing is an offence by reason that it causes, or that it is intended to cause, or

that it is known to be likely to cause, any harm, if that harm is so slight that no

person of ordinary sense and temper would complain of such harm.

Of the Right of Private Defence

96. Things done in private defence —

Nothing is an offence which is done in the exercise of the right of private defence.

COMMENTS

(i) In judging whether accused has exceeded his right to private defence or not the

court has to take into account the weapons used; Madan Mohan Pandey v. State

of Uttar Pradesh, (1991) Cr LJ 467 (SC)

(ii) The accused is not required to prove the plea of private defence of person

beyond reasonable manner of doubt. The onus on the accused is only to show

that the defence version is probable one which is reflected from the salient

features and the circumstances in the prosecution case itself; Sawai Ram v. State

of Rajasthan, (1997) 2 Crimes 148 (Raj).

97. Right of private defence of the body and of property —

Every person has a right, subject to the restrictions contained in section 99, to

defend—

First — His own body, and the body of any other person, against

any offence affecting the human body;

Secondly —The property, whether movable or immovable, of

himself or of any other person, against any act which is an offence

falling under the definition of theft, robbery, mischief or criminal

trespass, or which is an attempt to commit theft, robbery, mischief or

criminal trespass.

98. Right of private defence against the act of a person of unsound mind,

etc.—

When an act, which would otherwise be a certain offence, is not that offence, by

reason of the youth, the want of maturity of understanding, the unsoundness of

mind or the intoxication of the person doing that act, or by reason of any

misconception on the part of that person, every person has the same right of

private defence against that act which he would have if the act were that offence.

Illustrations

(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence.

But A has the same right of private defence which he would have if Z were sane.

(b) A enters by night a house which he is legally entitled to enter Z, in good faith,

taking A for a house-breaker, attacks A. Here Z, by attacking A under this

misconception, commits no offence. But A has the same right of private defence

against Z, which he would have if Z were not acting under that misconception.

99. Acts against which there is no right of private defence —

There is no right of private defence against an act which does not reasonably

cause the apprehension of death or of grievous hurt, if done, or attempted to be

done, by a public servant acting in good faith under colour of his office, though that

act, may not be strictly justifiable by law.

There is no right of private defence against an act which does not, reasonably

cause the apprehension of death or of grievous hurt, if done, or attempted to be

done, by the direction of a public servant acting in good faith under colour of his

office, though that direction may not be strictly justifiable by law

There is no right of private defence in cases in which there is time to have

recourse to the protection of the public authorities.

Extent to which the right may be exercised —

The right of private defence in no case extends to the inflicting of more harm than

it is necessary to inflict for the purpose of defence.

Explanation 1 —A person is not deprived of the right of private defence against

an act done, or attempted to be done, by a public servant, as such, unless he

knows or has reason to believe, that the person doing the act is such public

servant.

Explanation 2 —A person is not deprived of the right of private defence against

an act done, or attempted to be done, by the direction of a public servant, unless

he knows, or has reason to believe, that the person doing the act is acting by such

direction, or unless such person states the authority under which he acts, or if he

has authority in writing, unless he produces such authority, if demanded.

100. When the right of private defence of the body extends to causing death

—

The right of private defence of the body extends, under the restrictions mentioned

in the last preceding section, to the voluntary causing of death or of any other

harm to the assailant, if the offence which occasions the exercise of the right be of

any of the descriptions hereinafter enumerated, namely: —

First — Such an assault as may reasonably cause the apprehension

that death will otherwise be the consequence of such assault;

Secondly — Such an assault as may reasonably cause the

apprehension that grievous hurt will otherwise be the consequence

of such assault;

Thirdly — An assault with the intention of committing rape;

Fourthly — An assault with the intention of gratifying unnatural lust;

Fifthly — An assault with the intention of kidnapping or abducting;

Sixthly — An assault with the intention of wrongfully confining a

person, under circumstances which may reasonably cause him to

apprehend that he will be unable to have recourse to the public

authorities for his release.

COMMENTS

(i) The inmates clearly had a right of private defence against the intruders who

tried to extract money by force; Kishore Shambhudatta Mishra v. State of

Maharashtra, (1989) Cr LJ 1149: AIR 1989 SC 1173.

(ii) If the accused had already dealt several blows on the deceased, he could not

have been in a position to shoot at the accused persons. Having regard to some of

the admissions made by the witnesses, it appears that the accused took forcible

possession of the land some days ago. Therefore, even assuming that they came

into possession after committing trespassing, if the deceased and others had gone

to the land they cannot be held to be aggressors as pleaded by the defence;

Khuddu v. State of Uttar Pradesh, AIR 1993 SC 1538 (1540).

101. When such right extends to causing any harm other than death —

If the offence be not of any of the descriptions enumerated in the last preceding

section, the right of private defence of the body does not extend to the voluntary

causing of death to the assailant, but does extend, under the restrictions

mentioned in section 99, to the voluntary causing to the assailant of any harm

other than death.

102. Commencement and continuance of the right of private defence of the

body —

The right of private defence of the body commences as soon as a reasonable

apprehension of danger to the body arises from an attempt or threat to commit the

offence though the offence may not have been committed; and it continues as long

as such apprehension of danger to the body continues.

103. When the right of private defence of property extends to causing death

—

The right of private defence of property extends, under the restrictions mentioned

in section 99, to the voluntary causing of death or of any other harm to the wrong-

doer, if the offence, the committing of which, or the attempting to commit which,

occasions the exercise of the right, be an offence of any of the descriptions

hereinafter enumerated, namely:—

First — Robbery;

Secondly — House-breaking by night;

Thirdly — Mischief by fire committed on any building, tent or vessel,

which building, tent or vessel is used as a human dwelling, or as a place

for the custody of property;

Fourthly — Theft, mischief, or house-trespass, under such

circumstances as may reasonably cause apprehension that death or

grievous hurt will be the consequence, if such right of private defence is

not exercised.

STATE AMENDMENTS

State of Karnataka:

(1) In clause Thirdly, —

(i) after the words "mischief by fire", the words "or any explosive

substance" shall be inserted;

(ii) after the words "as a human dwelling, or" insert the words "as a place

of worship, or".

(2) After clause Fourthly, the following clause shall be inserted, namely: —

"Fifthly —Mischief by fire or any explosive substance committed on any

property used or intended to be used for the purpose of Government or

any local authority, statutory body or company owned or controlled by

Government or railway or any vehicle used or adapted to be used for the

carriage of passengers for hire or reward".

Vide Karnataka Act No. 8 of 1972, sec. 2, (w.e.f. 7-10-1972).

State of Maharashtra:

In section 103, add the following at the end, namely: —

"Fifthly — Mischief by fire or any explosive substance committed on any

property used or intended to be used for the purposes of Government or

any local authority, statutory body, company owned or controlled by

Government, railway or tramway, or on any vehicle used or adapted to be

used, for the carriage of passengers for hire or reward".

Vide Maharashtra Act No. 19 of 1971, sec. 26, (w.e.f. 31-12-1971).

State of Uttar Pradesh:

In section 103, after clause fourthly, add the following clause, namely: —

"Fifthly —Mischief by fire or any explosive substance committed on—

(a) Any property used or intended to be used for the purpose of

Government, or any local authority or other corporation owned or

controlled by the Government, or

(b) any railway as defined in clause (4) of section 3 of the Indian

Railways Act, 1890 or railways stores as defined in the Railways Stores

(Unlawful Possession) Act, 1955, or

Motor Vehicles Act, 1939."

Vide U.P. Act No. 29 of 1970, sec. 2 (w.e.f. 17-7-1970).

104. When such right extends to causing any harm other than death —

If the offence, the committing of which, or the attempting to commit which,

occasions the exercise of the right of private defence, be theft, mischief, or

criminal trespass, not of any of the descriptions enumerated in the last preceding

section, that right does not extend to the voluntary causing of death, but does

extend, subject to the restrictions mentioned in section 99, to the voluntary causing

to the wrong-doer of any harm other than death.

105. Commencement and continuance of the right of private defence of

property —

The right of private defence of property commences when a reasonable

apprehension of danger to the property commences.

The right of private defence of property against theft continues till the offender has

effected his retreat with the property or either the assistance of the public

authorities is obtained, or the property has been recovered.

The right of private defence of property against robbery continues as long as the

offender causes or attempts to cause to any person death or hurt or wrongful

restraint or as long as the fear of instant death or of instant hurt or of instant

personal restraint continues.

The right of private defence of property against criminal trespass or mischief

continues as long as the offender continues in the commission of criminal trespass

or mischief.

The right of private defence of property against house-breaking by night continues

as long as the house-trespass which has been begun by such house-breaking

continues.

106. Right of private defence against deadly assault when there is risk of

harm to innocent person —

If in the exercise of the right of private defence against an assault which

reasonably causes the apprehension of death, the defender be so situated that he

cannot effectually exercise that right without risk of harm to an innocent person,

his right of private defence extends to the running of that risk.

Illustration

A is attacked by a mob who attempt to murder him. He cannot effectually exercise

his right of private defence without firing on the mob, and he cannot fire without

risk of harming young children who are mingled with the mob. A commits no

offence if by so firing he harms any of the children.

CHAPTER V - OF ABETMENT

107. Abetment of a thing —

A person abets the doing of a thing, who—

First — Instigates any person to do that thing; or

Secondly — Engages with one or more other person or persons in

any conspiracy for the doing of that thing, if an act or illegal omission

takes place in pursuance of that conspiracy, and in order to the doing

of that thing; or

Thirdly — Intentionally aids, by any act or illegal omission, the doing

of that thing.

Explanation 1 — A person who by wilful misrepresentation, or by wilful

concealment of a material fact which he is bound to disclose, voluntarily causes or

procures, or attempts to cause or procure, a thing to be done, is said to instigate

the doing of that thing.

Illustration

A, a public officer, is authorized by a warrant from a Court of Justice to apprehend

Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z,

and thereby intentionally causes A to apprehend C. Here B abets by instigation the

apprehension of C.

Explanation 2 — Whoever, either prior to or at the time of the commission of an

act, does anything in order to facilitate the commission of that act, and thereby

facilitate the commission thereof, is said to aid the doing of that act.

108. Abettor —

A person abets an offence, who abets either the commission of an offence, or the

commission of an act which would be an offence, if committed by a person

capable by law of committing an offence with the same intention or knowledge as

that of the abettor.

Explanation 1 — The abetment of the illegal omission of an act may amount to an

offence although the abettor may not himself be bound to do that act.

Explanation 2 — To constitute the offence of abetment it is not necessary that the

act abetted should be committed, or that the effect requisite to constitute the

offence should be caused.

Illustrations

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to

commit murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D

recovers from the wound. A is guilty of instigating B to commit murder.

Explanation 3 — It is not necessary that the person abetted should be capable by

law of committing an offence, or that he should have the same guilty intention or

knowledge as that of the abettor, or any guilty intention or knowledge.

Illustrations

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which

would be an offence, if committed by a person capable by law of committing an

offence, and having the same intention as A. Here A, whether the act be

committed or not, is guilty of abetting an offence.

(b) A, with the intention of murdering Z, instigates B, a child under seven years of

age, to do an act which causes Z’s death. B, in consequence of the abetment,

does the act in the absence of A and thereby causes Z’s death. Here, though B

was not capable by law of committing an offence. A is liable to be punished in the

same manner as if B had been capable by law of committing an offence, and had

committed murder, and he is therefore subject to the punishment of death.

unsoundness of his mind, being incapable of knowing the nature of the act, or that

he is doing what is wrong or contrary to law, sets fire to the house in consequence

of A’s instigation. B has committed no offence, but A is guilty of abetting the

offence of setting fire to a dwelling-house, and is liable to the punishment,

provided for that offence.

(d) A, intending to cause a theft to be committed, instigates B to take property

belonging to Z out of Z’s possession. A induces B to believe that the property

belongs to A. B takes the property out of Z’s possession, in good faith, believing it

to be A’s property. B, acting under this misconception, does not take dishonestly,

and therefore does not commit theft. But A is guilty of abetting theft, and is liable to

the same punishment as if B had committed theft.

Explanation 4 — The abetment of an offence being an offence, the abetment of

such an abetment is also as offence.

Illustration

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z,

and C commits that offence in consequence of B’s instigation. B is liable to be

punished for his offence with the punishment for murder; and, as A instigated B to

commit the offence, A is also liable to the same punishment.

Explanation 5 —It is not necessary to the commission of the offence of abetment

by conspiracy that the abettor should concert the offence with the person who

commits it. It is sufficient if he engages in the conspiracy in pursuance of which the

offence is committed.

Illustration

A concerts with B a plan for poisoning Z. It is agreed that A shall administer the

poison. B then explains the plan to C mentioning that a third person is to

administer the poison, but without mentioning A’s name. C agrees to procure the

poison, and procures and delivers it to B for the purpose of its being used in the

manner explained. A administers the poison; Z dies in consequence. Here, though

A and C have not conspired together, yet C has been engaged in the conspiracy in

pursuance of which Z has been murdered. C has therefore committed the offence

defined in this section and is liable to the punishment for murder.

108A. Abetment in India of offences outside India —

A person abets an offence within the meaning of this Code who, in India, abets the

commission of any act without and beyond India which would constitute an offence

if committed in India.

Illustration

A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty

of abetting murder.

109. Punishment of abetment if the act abetted is committed in

consequence, and where no express provision is made for its punishment —

Whoever abets any offence shall, if the act abetted is committed in consequence

of the abetment, and no express provision is made by this Code for the

punishment of such abetment, be punished with the punishment provided for the

offence.

Explanation — An act or offence is said to be committed in consequence of

abetment, when it is committed in consequence of the instigation, or in pursuance

of the conspiracy, or with the aid which constitutes the abetment.

Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour

in the exercise of B’s official functions. B accepts the bribe. A has abetted the

offence defined in section 161.

(b) A instigates B to give false evidence. B, in consequence of the instigation,

commits that offence. A is guilty of abetting that offence, and is liable to the same

punishment as B.

poison and delivers it to B in order that he may administer it to Z. B, in pursuance

of the conspiracy, administers the poison to Z in A’s absence and thereby causes

Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by

conspiracy, and is liable to the punishment for murder.

CLASSIFICATION OF OFFENCE

Punishment—Same as for offence abetted—According as offence abetted is

cognizable or non-cognizable—According as offence abetted is bailable or non-

bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

110. Punishment of abetment if person abetted does act with different

intention from that of abettor —

Whoever abets the commission of an offence shall, if the person abetted does the

act with a different intention or knowledge from that of the abettor, be punished

with the punishment provided for the offence which would have been committed if

the act had been done with the intention or knowledge of the abettor and with no

other.

CLASSIFICATION OF OFFENCE

Punishment—Same as for offence abetted—According as offence abetted is

cognizable or non-cognizable—According as offence abetted is bailable or non-

bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

111. Liability of abettor when one act abetted and different act done —

When an act is abetted and a different act is done, the abettor is liable for the act

done, in the same manner and to the same extent as if he had directly abetted it:

Proviso — Provided the act done was a probable consequence of the abetment,

and was committed under the influence of the instigation, or with the aid or in

pursuance of the conspiracy which constituted the abetment.

Illustrations

(a) A instigates a child to put poison into the food of Z, and gives him poison for

that purpose. The child, in consequence of the instigation, by mistake puts the

poison into the food of Y, which is by the side of that of Z. Here, if the child was

acting under the influence of A’s instigation, and the act done was under the

circumstances a probable consequence of the abetment. A is liable in the same

manner and to the same extent as if he had instigated the child to put the poison

into the food of Y.

(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time

commits theft of property there. A, though guilty of abetting the burning of the

house, is not guilty of abetting the theft; for the theft was a distinct act, and not a

probable consequence of the burning.

purpose of robbery, and provides them with arms for that purpose. B and C break

into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that

murder was the probable consequence of the abetment, A is liable to the

punishment provided for murder.

CLASSIFICATION OF OFFENCE

Punishment—Same as for offence intended to be abetted—According as offence

abetted is cognizable or non-cognizable—According as offence abetted is bailable

or non-bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

112. Abettor when liable to cumulative punishment for act abetted and for

act done —

If the act for which the abettor is liable under the last preceding section is

committed in addition to the act abetted, and constitutes a distinct offence, the

abettor is liable to punishment for each of the offences.

Illustration

A instigates B to resist by force a distress made by a public servant. B, in

consequence, resists that distress. In offering the resistance, B voluntarily causes

grievous hurt to the officer executing the distress. As B has committed both the

offence of resisting the distress, and the offence of voluntarily causing grievous

hurt, B is liable to punishment for both these offences; and, if A knew that B was

likely voluntarily to cause grievous hurt in resisting the distress A will also be liable

to punishment for each of the offences.

113. Liability of abettor for an effect caused by the act abetted different from

that intended by the abettor —

When an act is abetted with the intention on the part of the abettor of causing a

particular effect, and an act for which the abettor is liable in consequence of the

abetment, caused a different effect from that intended by the abettor, the abettor is

liable for the effect caused, in the same manner and to the same extent as if he

had abetted the act with the intention of causing that effect, provided he knew that

the act abetted was likely to cause that effect.

Illustration

A instigates B to cause grievous hurt to Z. B, in consequence of the instigation,

causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the

grievous hurt abetted was likely to cause death, A is liable to be punished with the

punishment provided for murder.

CLASSIFICATION OF OFFENCE

Punishment—Same as for offence committed—According as offence abetted is

cognizable or non-cognizable—According as offence abetted is bailable or non-

bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

114. Abettor present when offence is committed —

Whenever any person, who is absent would be liable to be punished as an abettor,

is present when the act or offence for which he would be punishable in

consequence of the abetment is committed, he shall be deemed to have

committed such act or offence.

CLASSIFICATION OF OFFENCE

Punishment—Same as for offence committed—According as offence abetted is

cognizable or non-cognizable—According as offence abetted is bailable or non-

bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

115. Abetment of offence punishable with death or imprisonment for life—if

offence not committed —

Whoever abets the commission of an offence punishable with death or

imprisonment for life, shall, if that offence be not committed in consequence of the

abetment, and no express provision is made by this Code for the punishment of

such abetment, be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine;

If act causing harm be done in consequence —

and if any act for which the abettor is liable in consequence of the abetment, and

which causes hurt to any person, is done, the abettor shall be liable to

imprisonment of either description for a term which may extend to fourteen years,

and shall also be liable to fine.

Illustration

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he

would have been subject to the punishment of death or imprisonment for life.

Therefore A is liable to imprisonment for a term which may extend to seven years

and also to a fine; and if any hurt be done to Z in consequence of the abetment, he

will be liable to imprisonment for a term which may extend to fourteen years, and

to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—According as offence

abetted is cognizable or non-cognizable—non-bailable—Triable by court by which

offence abetted is triable—Non-compoundable.

Para II: Punishment—Imprisonment for 14 years and fine—According as offence

abetted is cognizable or non-cognizable—non-bailable—Triable by court by which

offence abetted is triable—Non-compoundable.

116. Abetment of offence punishable with imprisonment—if offence be not

committed —

Whoever abets an offence punishable with imprisonment shall, if that offence be

not committed in consequence of the abetment, and no express provision is made

by this Code for the punishment of such abetment, be punished with imprisonment

of any description provided for that offence for a term which may extend to one-

fourth part of the longest term provided for that offence; or with such fine as is

provided for that offence, or with both;

If abettor or person abetted be a public servant whose duty it is to prevent

offence —

and if the abettor or the person abetted is a public servant, whose duty it is to

prevent the commission of such offence, the abettor shall be punished with

imprisonment of any description provided for that offence, for a term which may

extend to one-half of the longest term provided for that offence, or with such fine

as is provided for the offence, or with both.

Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour

in the exercise of B’s official functions. B refuses to accept the bribe. A is

punishable under this section.

(b) A instigates B to give false evidence. Here, if B does not give false evidence, A

has nevertheless committed the offence defined in this section, and is punishable

accordingly.

robbery. Here, though the robbery be not committed, A is liable to one-half of the

longest term of imprisonment provided for that offence, and also to fine.

(d) B abets the commission of a robbery by A, a police-officer, whose duty it is to

prevent that offence. Here, though the robbery be not committed, B is liable to

one-half of the longest term of imprisonment provided for the offence of robbery,

and also to fine.

CLASSIFICATION OF OFFENCE

Para I :—Punishment—Imprisonment extending to a quarter part of the longest

term, provided for the offence, or fine, or both—According to offence abetted is

cognizable or non-cognizable—According as offence abetted is bailable or non-

bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

Para II: Punishment—Imprisonment extending to half of the longest term, provided

for the offence, or fine, or both—According as offence abetted is cognizable or

non-cognizable—According as offence abetted is bailable or non-bailable—Triable

by court by which offence abetted is triable—Non-compoundable.

117. Abetting commission of offence by the public or by more than ten

persons —

Whoever abets the commission of an offence by the public generally or by any

number or class of persons exceeding ten, shall be punished with imprisonment of

either description for a term which may extend to three years, or with fine, or with

both.

Illustration

A affixes in a public place a placard instigating a sect consisting of more than ten

members to meet at a certain time and place, for the purpose of attacking the

members of an adverse sect, while engaged in a procession. A has committed the

offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—According as offence

abetted is cognizable or non-cognizable—According as offence abetted is bailable

or non-bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

118. Concealing design to commit offence punishable with death or

imprisonment for life

Whoever intending to facilitate or knowing it to be likely that he will thereby

facilitate the commission of an offence punishable with death or imprisonment for

life; voluntarily conceals, by any act or illegal omission, the existence of a design

to commit such offence or makes any representation which he knows to be false

respecting such design,

If offence be committed—if offence be not committed —

shall, if that offence be committed, be punished with imprisonment of either

description for a term which may extend to seven years, or, if the offence be not

committed, with imprisonment of either description, for a term which may extend to

three years; and in either case shall also be liable to fine.

Illustration

A, knowing that dacoity is about to be committed at B, falsely informs the

Magistrate that a dacoity is about to be committed at C, a place in an opposite

direction and thereby misleads the Magistrate with intent to facilitate the

commission of the offence. The dacoity is committed at B in pursuance of the

design. A is punishable under this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—According as offence

abetted is cognizable or non-cognizable—Non-bailable—Triable by court by which

offence abetted is triable—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine—According as offence

abetted is cognizable or non-cognizable—Bailable—Triable by court by which

offence abetted is triable—Non-compoundable.

119. Public servant concealing design to commit offence which it is his duty

to prevent —

Whoever, being a public servant, intending to facilitate or knowing it to be likely

that he will thereby facilitate the commission of an offence which it is his duty as

such public servant to prevent; voluntarily conceals, by any act or illegal omission,

the existence of a design to commit such offence, or makes any representation

which he knows to be false respecting such design;

If offence be committed — shall, if the offence be committed, be punished with

imprisonment of any description provided for the offence, for a term which may

extend to one-half of the longest term of such imprisonment, or with such fine as is

provided for that offence, or with both;

If offence be punishable with death, etc.— or, if the offence be punishable with

death or imprisonment for life, with imprisonment of either description for a term

which may extend to ten years;

If offence be not committed — or if the offence be not committed, shall be

punished with imprisonment of any description provided for the offence for a term

which may extend to one-fourth part of the longest term of such imprisonment or

with such fine as is provided for the offence, or with both.

Illustration

A, an officer of police, being legally bound to give information of all designs to

commit robbery which may come to his knowledge, and knowing that B designs to

commit robbery, omits to give such information, with intent to facilitate the

commission of that offence. Here A has by an illegal omission concealed the

existence of B’s design, and is liable to punishment according to the provision of

this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment extending to half of the longest term provided

for the offence, or fine, or both—According as offence abetted is cognizable or

non-cognizable—According as offence abetted is bailable or non-bailable—Triable

by court which offence abetted is triable—Non-compoundable.

Para II: Punishment—Imprisonment for 10 years—According as offence abetted is

cognizable or non-cognizable—Non-bailable—Triable by court by which offence

abetted is triable—Non-compoundable.

Para III: Punishment—Imprisonment extending to a quarter part of the longest

term provided for the offence, or fine, or both—According as offence abetted is

cognizable or non-cognizable—Bailable—Triable by court by which offence

abetted is triable—Non-compoundable.

120. Concealing design to commit offence punishable with imprisonment —

Whoever, intending to facilitate or knowing it to be likely that he will thereby

facilitate the commission of an offence punishable with imprisonment, voluntarily

conceals, by any act or illegal omission, the existence of a design to commit such

offence, or makes any representation which he knows to be false respecting such

design,

If offence be committed—if offence be not committed.—shall, if the offence be

committed, be punished with imprisonment of the description provided for the

offence, for a term which may extend to one-fourth, and, if the offence be not

committed, to one-eighth, of the longest term of such imprisonment, or with such

fine as is provided for the offence, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment extending to a quarter part of the longest term

provided for the offence, or fine, or both—According as offence abetted is

cognizable or non-cognizable—According as offence abetted is bailable or non-

bailable—Triable by court by which offence abetted is triable—Non-

compoundable.

Para II: Punishment—Imprisonment extending to one-eighth part of the longest

term provided for the offence, or fine, or both—According as offence abetted is

cognizable or non-cognizable—Bailable—Triable by court by which offence

abetted is triable—Non-compoundable.

CHAPTER VA - CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy —

When two or more persons agree to do, or cause to be done,—

(1) an illegal act, or

(2) an act which is not illegal by illegal means, such an agreement is

designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence

shall amount to a criminal conspiracy unless some act besides the agreement is

done by one or more parties to such agreement in pursuance thereof.

Explanation — It is immaterial whether the illegal act is the ultimate object of such

agreement, or is merely incidental to that object.

COMMENTS

(i) The prosecution is not required to prove that perpetrators agreed to do or cause

to be done the illegal act; Mohammad Usman Mohammad Hussain Maniyar v.

State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr LJ 597.

(ii) The evidence as to transmission of thoughts sharing the unlawful design may

be sufficient; Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC

1883.

120B. Punishment of criminal conspiracy —

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable

with death, imprisonment for life or rigorous imprisonment for a term of two years

or upwards, shall, where no express provision is made in this Code for the

punishment of such a conspiracy, be punished in the same manner as if he had

abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to

commit an offence punishable as aforesaid shall be punished with imprisonment of

either description for a term not exceeding six months, or with fine or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Same as for abetment of the offence which is the object of

the conspiracy—According as the offence which is the object of conspiracy is

cognizable or non-cognizable—According as offence which is object of conspiracy

is bailable or non-bailable—Triable by court by which abetment of the offence

which is the object of conspiracy is triable—Non-compoundable.

Para II: Punishment—Imprisonment for six months or fine, or both—non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

CHAPTER VI - OF OFFENCES AGAINST THE STATE

121. Waging, or attempting to wage war, or abetting waging of war, against

the Government of India —

Whoever, wages war against the Government of India, or attempts to wage such

war, or abets the waging of such war, shall be punished with death, or

imprisonment for life and shall also be liable to fine.

Illustration

A joins an insurrection against the Government of India. A has committed the

offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment—Death or imprisonment for life and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

121A. Conspiracy to commit offences punishable by section 121 —

Whoever within or without India conspires to commit any of the offences

punishable by section 121, or conspires to overawe, by means of criminal force or

the show of criminal force, the Central Government or any State Government ,

shall be punished with 1imprisonment for life, or with imprisonment of either

description which may extend to ten years, 1and shall also be liable to fine.

Explanation — To constitute a conspiracy under this section, it is not necessary

that any act or illegal omission shall make place in pursuance thereof.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

122. Collecting arms, etc., with intention of waging war against the

Government of India —

Whoever collects men, arms or ammunition or otherwise prepares to wage war

with the intention of either waging or being prepared to wage war against the

Government of India, shall be punished with 1imprisonment for life or

imprisonment of either description for a term not exceeding ten years, 1and shall

also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

123. Concealing with intent to facilitate design to wage war —

Whoever by any act, or by any illegal omission, conceals the existence of a design

to wage war against the Government of India, intending by such concealment to

facilitate, or knowing it to be likely that such concealment will facilitate, the waging

of such war, shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by court of Session—Non-compoundable.

124. Assaulting President, Governor, etc., with intent to compel or restrain

the exercise of any lawful power —

Whoever, with the intention of including or compelling the President of India, or the

Governor of any State, to exercise or refrain from exercising in any manner any of

the lawful powers of such President or Governor, assault or wrongfully restrains, or

attempts wrongfully to restrain, or overawes, by means of criminal force or the

show of criminal force, or attempts so to overawe, such President or Governor,

shall be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

124A. Sedition —Whoever, by words, either spoken or written, or by signs, or by

visible representation, or otherwise, brings or attempts to bring into hatred or

contempt, or excites or attempts to excite disaffection towards, the Government

established by law in 1India, 1 shall be punished with 1imprisonment for life, to

which fine may be added, or with imprisonment which may extend to three years,

to which fine may be added, or with fine.

Explanation 1— The expression "disaffection" includes disloyalty and all feelings

of enmity.

Explanation 2— Comments expressing disapprobation of the measures of the

Government with a view to obtain their alteration by lawful means, without exciting

or attempting to excite hatred, contempt or disaffection, do not constitute an

offence under this section.

Explanation 3 — Comments expressing disapprobation of the administrative or

other action of the Government without exciting or attempting to excite hatred,

contempt or disaffection, do not constitute an offence under this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life and fine, or imprisonment for 3 years and fine,

or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

COMMENTS

The offence of sedition under section 124A is the doing of certain acts which

would bring the Government established by law in India into hatred or contempt, or

create disaffection against it; Bilal Ahmed Kaloo v. State of Andhra Pradesh,

(1997) Supreme Today 127.

125. Waging war against any Asiatic Power in alliance with the Government

of India —

Whoever wages war against the Government of any Asiatic Power in alliance or at

peace with the Government of India or attempts to wage such war, or abets the

waging of such war, shall be punished with imprisonment for life, to which fine may

be added, or with imprisonment of either description for a term which may extend

to seven years, to which fine may be added, or with fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life and fine, or imprisonment for 7 years and fine,

or fine—Cognizable—Non-bailable—Triable by court of Session—Non-

compoundable.

126. Committing depredation on territories of Power at peace with the

Government of India —

Whoever commits depredation, or makes preparation to commit depredation, on

the territories of any Power in alliance or at peace with the Government of India,

shall be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine and to forfeiture of any

property used or intended to be used in committing such depredation, or acquired

by such depredation.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine, and forfeiture of certain

property—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

127. Receiving property taken by war on depredation mentioned in sections

125 and 126 —

Whoever receives any property knowing the same to have been taken in the

commission of any of the offences mentioned in sections 125 and 126, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine and to forfeiture of the property so

received.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine, and forfeiture of certain

property—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

128. Public servant voluntarily allowing prisoner of State or war to escape —

Whoever, being a public servant and having the custody of any State prisoner or

prisoner of war, voluntarily allows such prisoner to escape from any place in which

such prisoner is confined, shall be punished with imprisonment for life, or

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

129. Public servant negligently suffering such prisoner to escape —

Whoever, being a public servant and having the custody of any State prisoner or

prisoner of war, negligently suffers such prisoner to escape from any place of

confinement in which such prisoner is confined, shall be punished with simple

imprisonment for a term which may extend to three years, and shall also be liable

to fine.

CLASSIFICATION OF OFFENCE

Punishment—Simple Imprisonment for 3 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

130. Aiding escape of, rescuing or harbouring such prisoner —

Whoever knowingly aids or assists any State prisoner or prisoner of war in

escaping from lawful custody, or rescues or attempts to rescue any such prisoner,

or harbours or conceals any such prisoner who has escaped from lawful custody,

or offers or attempts to offer any resistance to the recapture of such prisoner, shall

be punished with imprisonment for life, or with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

Explanation.—A State prisoner or prisoner of war, who is permitted to be at large

on his parole within certain limits in India, is said to escape from lawful custody if

he goes beyond the limits within which he is allowed to be at large.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

CHAPTER VII - OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR

FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman

from his duty —

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in

the Army, Navy or Air Force of the Government of India or attempts to seduce any

such officer, soldier, sailor or airman from his allegiance or his duty, shall be

punished with imprisonment for life, or with imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine.

Explanation — In this section the words "officer", "soldier", "sailor" and

"airman" include any person subject to the Army Act, the Army Act, 1950 (46 of

1950, the Naval Discipline Act, the 1Indian Navy (Discipline) Act, 1934 (34 of

1934) 1the Air Force Act or 1the Air Force Act, 1950 (45 of 1950), as the case may

be.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

132. Abetment of mutiny, if mutiny is committed in consequence thereof -

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman in

the Army, Navy or Air Force of the Government of India, shall, if mutiny be

committed in consequence of that abetment, be punished with death or with

imprisonment for life, or imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Death, or imprisonment for life, or imprisonment for 10 years and

fine-Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

133. Abetment of assault by soldier, sailor or airman on his superior officer,

when in execution of his office —

Whoever abets an assault by an officer, soldier, sailor or airman, in the Army,

Navy or Air Force of the Government of India, on any superior officer being in the

execution of his office, shall be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bailable—

Triable by Magistrate of the first class—Non-compoundable.

134. Abetment of such assault, if the assault is committed —

Whoever abets an assault by an officer, soldier, sailor or airman, in the Army,

Navy or Air Force of the Government of India, on any superior officer being in the

execution of his office, shall, if such assault be committed in consequence of that

abetment be punished with imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

135. Abetment of desertion of soldier, sailor or airman —

Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army,

Navy or Air Force of the Government of India, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with

both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

136. Harbouring deserter —

Whoever, except as hereinafter expected, knowing or having reason to believe

that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the

Government of India, has deserted, harbours such officer, soldier, sailor or airman,

shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

Exception — This provision does not extend to the case in which the harbour is

given by a wife to her husband.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

137. Deserter concealed on board merchant vessel through negligence of

master —

The master or person in charge of a merchant vessel, on board of which any

deserter from the Army, Navy or Air Force of the Government of India is

concealed, shall, though ignorant of such concealment, be liable to a penalty not

exceeding five hundred rupees, if he might have known of such concealment but

for some neglect of his duty as such master or person in charge, or but for some

want of discipline on board of the vessel.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 500 rupees—Non-Cognizable—Bailable—Triable by any

Magistrate—Non-compoundable.

138. Abetment of act of insubordination by soldier, sailor or airman —

Whoever abets what he knows to be an act of insubordination by an officer,

soldier, sailor or airman, in the Army, Navy or Air Force of the Government of

India, shall, if such act of insubordination be committed in consequence of that

abetment, be punished with imprisonment of either description for a term which

may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

138A. Application of foregoing sections to the Indian Marine Service —

Rep. by the Amending Act, 1934 (35 of 1934), sec. 2 and Sch..

139. Persons subject to certain Acts —

No person subject to the Army Act, the Army Act, 1950 (46 of 1950), or the Naval

Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force

Act 1the Air Force Act, 1950 (45 of 1950), is subject to punishment under this

Code for any of the offences defined in this Chapter.

140. Wearing garb or carrying token used by soldier, sailor or airman —

Whoever, not being a soldier, sailor or airman, in the Military, Naval or Air service

of the Government of India, wears any garb or carries any token resembling any

garb or token used by such a soldier, sailor or airman with the intention that it may

be believed that he is such a soldier, sailor or airman, shall be punished with

imprisonment of either description for a term which may extend to three months, or

with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER VIII - OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly —

An assembly of five or more persons is designated an "unlawful assembly", if the

common object of the persons composing that assembly is—

First — To overawe by criminal force, or show of criminal force, 1the

Central or any State Government or Parliament or the Legislature of

any State, or any public servant in the exercise of the lawful power of

such public servant; or

Second — To resist the execution of any law, or of any legal

process; or

Third — To commit any mischief or criminal trespass, or other

offence; or

Fourth — By means of criminal force, or show of criminal force, to

any person, to take or obtain possession of any property, or to

deprive any person of the enjoyment of a right of way, or of the use

of water or other incorporeal right of which he is in possession or

enjoyment, or to enforce any right or supposed right; or

Fifth — By means of criminal force, or show of criminal force, to

compel any person to do what he is not legally bound to do, or to

omit to do what he is legally entitled to do.

Explanation — An assembly which was not unlawful when it assembled, may

subsequently become an unlawful assembly.

142. Being member of unlawful assembly —

Whoever, being aware of facts which render any assembly an unlawful assembly,

intentionally joins that assembly, or continues in it, is said to be a member of an

unlawful assembly.

143. Punishment —

Whoever is a member of an unlawful assembly, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

144. Joining unlawful assembly armed with deadly weapon —

Whoever, being armed with any deadly weapon, or with anything which, used as a

weapon of offence, is likely to cause death, is a member of an unlawful assembly,

shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

145. Joining or continuing in unlawful assembly, knowing it has been

commanded to disperse —

Whoever joins or continues in an unlawful assembly, knowing that such unlawful

assembly has been commanded in the manner prescribed by law to disperse,

shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

146. Rioting —

Whenever force or violence is used by an unlawful assembly, or by any member

thereof, in prosecution of the common object of such assembly, every member of

such assembly is guilty of the offence of rioting.

147. Punishment for rioting —

Whoever is guilty of rioting, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

Comments

The Sub-Inspector was pursuing investigation which is his duty and therefore it

could not be said that while he was pursuing the investigation, it was in pursuance

of an unlawful object and therefore no conviction could be passed under section

147; Maiku v. State of Uttar Pradesh, (1989) Cr LJ 860 : AIR 1989 SC 67.

148. Rioting, armed with deadly weapon —

Whoever is guilty of rioting, being armed with a deadly weapon or with anything

which, used as a weapon of offence, is likely to cause death, shall be punished

with imprisonment of either description for a term which may extend to three years,

or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

COMMENTS

There must be nexus between the common object and the offence committed and

if it is found that the same was committed to accomplish the common object every

member of the assembly will become liable for the same; Allauddin Mian Sharif

Mian v. State of Bihar, (1989) Cr LJ 1466 : AIR 1989 SC 1456.

149. Every member of unlawful assembly guilty of offence committed in

prosecution of common object —

If an offence is committed by any member of an unlawful assembly in prosecution

of the common object of that assembly, or such as the members of that assembly

knew to be likely to be committed in prosecution of that object, every person who,

at the time of the committing of that offence, is a member of the same assembly, is

guilty of that offence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the offence—According as offence is cognizable or

non-cognizable—According as offence is bailable or non-bailable—Triable by

court by which the offence is triable—Non-compoundable.

COMMENTS

(i) It is well settled that once a membership of an unlawful assembly is established,

it is not incumbent on the prosecution to establish whether any specific overt act

has been assigned to any accused. Mere membership of the unlawful assembly is

sufficient; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

(ii) Every member of an unlawful assembly is vicariously liable for the acts done by

others either in the prosecution of the common object of the unlawful assembly or

such which the members of the unlawful assembly knew were likely to be

committed; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228

(Bom).

150. Hiring, or conniving at hiring, of persons to join unlawful assembly —

Whoever hires or engages or employs, or promotes, or connives at the hiring,

engagement or employment of any person to join or become a member of any

unlawful assembly, shall be punishable as a member of such unlawful assembly,

and for any offence which may be committed by any such person as a member of

such unlawful assembly in pursuance of such hiring, engagement or employment,

in the same manner as if he had been a member of such unlawful assembly, or

himself had committed such offence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for a member of such assembly, and for any offence

committed by any members of such assembly—Cognizable—According as

offence is bailable or non-bailable—Triable by court by which the offence is

triable—Non-compoundable.

151. Knowingly joining or continuing in assembly of five or more persons

after it has been commanded to disperse —

Whoever knowingly joins or continues in any assembly of five or more persons

likely to cause a disturbance of the public peace, after such assembly has been

lawfully commanded to disperse, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine, or with both.

Explanation — If the assembly is an unlawful assembly within the meaning of

section 141, the offender will be punishable under section 145.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

152. Assaulting or obstructing public servant when suppressing riot, etc.—

Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any

public servant in the discharge of his duty as such public servant, in endeavouring

to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or

threatens, or attempts to use criminal force to such public servant, shall be

punished with imprisonment of either description for a term which may extend to

three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

153. Wantonly giving provocation with intent to cause riot—if rioting be

committed—if not committed —

Whoever malignantly, or wantonly, by doing anything which is illegal, gives

provocation to any person intending or knowing it to be likely that such provocation

will cause the offence of rioting to be committed, shall, if the offence of rioting be

committed in consequence of such provocation, be punished with imprisonment of

either description for a term which may extend to one year, or with fine, or with

both; and if the offence of rioting be not committed, with imprisonment of either

description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

Para II: Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

153A. Promoting enmity between different groups on grounds of religion,

race, place of birth, residence, language, etc., and doing acts prejudicial to

maintenance of harmony —

(1) Whoever—

(a) by words, either spoken or written, or by signs or by visible

representations or otherwise, promotes or attempts to promote, on

grounds of religion, race, place of birth, residence, language, caste or

community or any other ground whatsoever, disharmony or feelings of

enmity, hatred or ill-will between different religious, racial, language or

regional groups or castes or communities, or

(b) commits any act which is prejudicial to the maintenance of harmony

between different religious, racial, language or regional groups or castes

or communities, and which disturbs or is likely to disturb the public

tranquillity, or

intending that the participants in such activity shall use or be trained to

use criminal force or violence or knowing it to be likely that the

participants in such activity will use or be trained to use criminal force or

violence, or participates in such activity intending to use or be trained to

use criminal force or violence or knowing it to be likely that the

participants in such activity will use or be trained to use criminal force or

violence, against any religious, racial, language or regional group or

caste or community and such activity for any reason whatsoever causes

or is likely to cause fear or alarm or a feeling of insecurity amongst

members of such religious, racial, language or regional group or caste

or community, shall be punished with imprisonment which may extend to

three years, or with fine, or with both.

Offence committed in place of worship, etc.—(2) Whoever commits an offence

specified in sub-section (1) in any place of worship or in any assembly engaged in

the performance of religious worship or religious ceremonies, shall be punished

with imprisonment which may extend to five years and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—

Non-bailable—Triable by any Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 5 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Comments

(i) Mens rea is a necessary ingredient for the offence under section 153A of the

Indian Penal Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7

Supreme Today 127.

(ii) Publication of the words or representation is not necessary under section 153A

of the Indian Penal Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997)

Supreme Today 127.

154. Owner or occupier of land on which an unlawful assembly is held —

Whenever any unlawful assembly or riot takes place, the owner or occupier of the

land upon which such unlawful assembly is held, or such riot is committed, and

any person having or claiming an interest in such land, shall be punishable with

fine not exceeding one thousand rupees, if he or his agent or manager, knowing

that such offence is being or has been committed, or having reason to believe it is

likely to be committed, do not give the earliest notice thereof in his or their power

to the principal officer at the nearest police-station, and do not, in the case of his or

their having reason to believe that it was about to be committed, use all lawful

means in his or their power to prevent it, and, in the event of its taking place, do

not use all lawful means in his or their power to disperse or suppress the riot or

unlawful assembly.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 10,000 rupees—Non-cognizable—Bailable—Triable by any

Magistrate—Non-compoundable.

155. Liability of person for whose benefit riot is committed —

Whenever a riot is committed for the benefit or on behalf of any person who is the

owner or occupier of any land, respecting which such riot takes place or who

claims any interest in such land, or in the subject of any dispute which gave rise to

the riot, or who has accepted or derived any benefit therefrom, such person shall

be punishable with fine, if he or his agent or manager, having reason to believe

that such riot was likely to be committed or that the unlawful assembly by which

such riot was committed was likely to be held, shall not respectively use all lawful

means in his or their power to prevent such assembly or riot from taking place, and

for suppressing and dispersing the same.

CLASSIFICATION OF OFFENCE

Punishment—Fine—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

156. Liability of agent of owner or occupier for whose benefit riot is

committed —

Whenever a riot is committed for the benefit or on behalf of any person who is the

owner or occupier of any land respecting which such riot takes p lace, or who

claims any interest in such land, or in the subject of any dispute which gave rise to

the riot, or who has accepted or derived any benefit therefrom, the agent or

manager of such person shall be punishable with fine, if such agent or manager,

having reason to believe that such riot was likely to be committed, or that the

unlawful assembly by which such riot was committed was likely to be held, shall

not use all lawful means in his power to prevent such riot or assembly from taking

place and for suppressing and dispersing the same.

CLASSIFICATION OF OFFENCE

Punishment—Fine—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

157. Harbouring persons hired for an unlawful assembly —

Whoever harbours, receives or assembles, in any house or premises in his

occupation or charge, or under his control any persons, knowing that such persons

have been hired, engaged or employed, or are about to be hired, engaged or

employed, to join or become members of an unlawful assembly, shall be punished

with imprisonment of either description for a term which may extend to six months,

or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

158. Being hired to take part in an unlawful assembly or riot —

Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do

or assist in doing any of the acts specified in Section 141, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine, or with both,

or to go armed — and whoever, being so engaged or hired as aforesaid, goes

armed or engages or offers to go armed, with any deadly weapon or with anything

which used as a weapon of offence is likely to cause death, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

Para II: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

159. Affray —

When two or more persons, by fighting in a public place, disturb the public peace,

they are said to "commit an affray".

160. Punishment for committing affray —

Whoever commits an affray, shall be punished with imprisonment of either

description for a term which may extend to one month, or with fine which may

extend to one hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for one month, or fine of 100 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER IX - OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161 To 165A —

Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.

166. Public servant disobeying law, with intent to cause injury to any person

—

Whoever, being a public servant, knowingly disobeys any direction of the law as to

the way in which he is to conduct himself as such public servant, intending to

cause, or knowing it to be likely that he will, by such disobedience, cause injury to

any person, shall be punished with simple imprisonment for a term which may

extend to one year, or with fine, or with both.

Illustration

A, being an officer directed by law to take property in execution, in order to satisfy

a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that

direction of law, with the knowledge that he is likely thereby to cause injury to Z. A

has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

167. Public servant framing an incorrect document with intent to cause

injury —

Whoever, being a public servant, and being, as such public servant, charged with

the preparation or translation of any document, frames or translates that document

in a manner which he knows or believes to be incorrect, intending thereby to

cause or knowing it to be likely that he may thereby cause injury to any person,

shall be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

168. Public servant unlawfully engaging in trade —

Whoever, being a public servant, and being legally bound as such public servant

not to engage in trade, engages in trade, shall be punished with simple

imprisonment for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

169. Public servant unlawfully buying or bidding for property —

Whoever, being a public servant, and being legally bound as such public servant,

not to purchase or bid for certain property, purchases or bids for that property,

either in his own name or in the name of another, or jointly, or in shares with

others, shall be punished with simple imprisonment for a term which may extend to

two years, or with fine, or with both; and the property, if purchased, shall be

confiscated.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 2 years, or fine, or both and confiscation of

property, if purchased—Non-cognizable—Bailable—Triable by Magistrate of the

first class—Non-compoundable.

170. Personating a public servant —

Whoever pretends to hold any particular office as a public servant, knowing that he

does not hold such office or falsely personates any other person holding such

office, and in such assumed character does or attempts to do any act under colour

of such office, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Non Compoundable.

171. Wearing garb or carrying token used by public servant with fraudulent

intent —

Whoever, not belonging to a certain class of public servants, wears any garb or

carries any token resembling any garb or token used by that class of public

servants, with the intention that it may be believed, or with the knowledge that it is

likely to be believed, that he belongs to that class of public servants, shall be

punished with imprisonment of either description for a term which may extend to

three months, or with fine which may extend to two hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER IXA - OF OFFENCES RELATING TO ELECTIONS

171A. "Candidate", "Electoral right" defined —

For the purposes of this Chapter—

(a) "candidate" means a person who has been nominated as a

candidate at any election;

(b) "electoral right" means the right of a person to stand, or not to stand

as, or to withdraw from being, a candidate or to vote or refrain from

voting at any election.

171B. Bribery —

(1) Whoever—

i) gives a gratification to any person with the object of inducing him or

any other person to exercise any electoral right or of rewarding any

person for having exercised any such right; or

(ii) accepts either for himself or for any other person any gratification as

a reward for exercising any such right or for inducing or attempting to

induce any other person to exercise any such right; commits the offence

of bribery:

Provided that a declaration of public policy or a promise of public action shall not

be an offence under this section.

(2) A person who offers, or agrees to give, or offers or attempts to procure, a

gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to obtain a gratification

shall be deemed to accept a gratification, and a person who accepts a gratification

as a motive for doing what he does not intend to do, or as a reward for doing what

he has not done, shall be deemed to have accepted the gratification as a reward.

171C. Undue influence at elections —

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of

any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1),

whoever—

(a) threatens any candidate or voter, or any person in whom a candidate

or voter is interested, with injury of any kind, or

(b) induces or attempts to induce a candidate or voter to believe that he

or any person in whom he is interested will become or will be rendered

an object of Divine displeasure or of spiritual censure, shall be deemed

to interfere with the free exercise of the electoral right of such candidate

or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action, or the mere

exercise of a legal right without intent to interfere with an electoral right, shall not

be deemed to be interference within the meaning of this section.

171D. Personation at elections —

Whoever at an election applied for a voting paper or votes in the name of any

other person, whether living or dead, or in a fictitious name, or who having voted

once at such election applies at the same election for a voting paper in his own

name, and whoever abets, procures or attempts to procure the voting by any

person in any such way, commits the offence or personation at an election.

171E. Punishment for bribery —

Whoever commits the offence of bribery shall be punished with imprisonment of

either description for a term which may extend to one year, or with fine, or with

both:

Provided that bribery by treating shall be punished with fine only.

Explanation — "Treating" means that form of bribery where the gratification

consists in food, drink, entertainment, or provision.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both or if treating only, fine

only—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

171F. Punishment for undue influence or personation at an election —

Whoever commits the offence of undue influence or personation at an election

shall be punished with imprisonment of either description for a term which may

extend to one year or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 1 year, or fine, or both or if treating only,

fine only—Non-cognizable—Bailable—Triable by Magistrate of the first class—

Non-compoundable.

Para II: Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

171G. False statement in connection with an election.—

Whoever with intent to affect the result of an election makes or publishes any

statement purporting to be a statement of fact which is false and which he either

knows or believes to be false or does not believe to be true, in relation to the

personal character or conduct of any candidate shall be punished with fine.

CLASSIFICATION OF OFFENCE

Punishment—Fine—Non-cognizable—Bailable—Triable by Magistrate of the first

class—Non-compoundable.

171H. Illegal payments in connection with an election —

Whoever without the general or special authority in writing of a candidate incurs or

authorises expenses on account of the holding of any public meeting, or upon any

advertisement, circular or publication, or in any other way whatsoever for the

purpose of promoting or procuring the election of such candidate, shall be

punished with fine which may extend to five hundred rupees:

Provided that if any person having incurred any such expenses not exceeding the

amount of ten rupees without authority obtains within ten days from the date on

which such expenses were incurred the approval in writing of the candidate, he

shall be deemed to have incurred such expenses with the authority of the

candidate.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 500 rupees—Non cognizable—Bailable—Triable by

Magistrate of the first class—Non-compoundable.

171I. Failure to keep election accounts —

Whoever being required by any law for the time being in force or any rule having

the force of law to keep accounts of expenses incurred at or in connection with an

election fails to keep such accounts shall be punished with fine which may extend

to five hundred rupees.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 500 rupees—Non-cognizable—Bailable—Triable by

Magistrate of the first class—Non-compoundable.

CHAPTER X - OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC

SERVANTS

172. Absconding to avoid service of summons or other proceeding —

Whoever absconds in order to avoid being served with a summons, notice or

order, proceeding from any public servant legally competent, as such public

servant, to issue such summons, notice or order, shall be punished with simple

imprisonment for a term which may extend to one month, or with fine which may

extend to five hundred rupees, or with both; or, if the summons or notice or order

is to attend in person or by agent, or to produce a document in a Court of Justice,

with simple imprisonment for a term which may extend to six months, or with fine

which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees,

or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

173. Preventing service of summons or other proceeding, or preventing

publication thereof —

Whoever in any manner intentionally prevents the serving on himself, or on any

other person, of any summons, notice or order, proceeding from any public

servant legally competent, as such public servant, to issue such summons, notice

or order, or intentionally prevents the lawful affixing to any place or any such

summons, notice or order, or intentionally removes any such summons, notice or

order from any place to which it is lawfully affixed, or intentionally prevents the

lawful making of any proclamation, under the authority of any public servant legally

competent, as such public servant, to direct such proclamation to be made, shall

be punished with simple imprisonment for a term which may extend to one month,

or with fine which may extend to five hundred rupees, or with both; or, if the

summons, notice, order or proclamation is to attend in person or by agent, or to

produce a document in a Court of Justice, with simple imprisonment for a term

which may extend to six months, or with fine which may extend to one thousand

rupees, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees,

or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

174. Non-attendance in obedience to an order from public servant —

Whoever, being legally bound to attend in person or by an agent at a certain place

and time in obedience to a summons, notice, order or proclamation proceeding

from any public servant legally competent, as such public servant, to issue the

same, intentionally omits to attend at that place of time, or departs from the place

where he is bound to attend before the time at which it is lawful for him to depart,

shall be punished with simple imprisonment for a term which may extend to one

month, or with fine which may extend to five hundred rupees, or with both, or, if the

summons, notice, order or proclamation is to attend in person or by agent in a

Court of Justice, with simple imprisonment for a term which may extend to six

months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(a) A, being legally bound to appear before the High Court at Calcutta, in

obedience to a subpoena issuing from that Court, intentionally omits to appear. A

has committed the offence defined in this section.

(b) A, being legally bound to appear before a District Judge, as a witness, in

obedience to a summons issued by that District Judge intentionally omits to

appear. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees,

or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

175. Omission to produce document to public servant by person legally

bound to produce it —

Whoever, being legally bound to produce or deliver up any document of any public

servant, as such, intentionally omits so to produce or deliver up the same, shall be

punished with simple imprisonment for a term which may extend to one month, or

with fine which may extend to five hundred rupees, or with both, or, if the

document is to be produced or delivered up to a Court of Justice, with simple

imprisonment for a term which may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

Illustration

A, being legally bound to produce a document before a District Court, intentionally

omits to produce the same. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or

both—Non-cognizable—Bailable—Triable by the Court in which the offence is

committed, subject to the provisions of Chapter XXVI or, if not committed in a

Court, any Magistrate—Non-compoundable.

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees,

or both—Non-cognizable—Bailable—Triable by the Court in which the offence is

committed, subject to the provisions of Chapter XXVI; or, if not committed in a

Court, any Magistrate—Non-compoundable.

176. Omission to give notice or information to public servant by person

legally bound to give it —

Whoever, being legally bound to give any notice or to furnish information on any

subject to any public servant, as such, intentionally omits to give such notice or to

furnish such information in the manner and at the time required by law, shall be

punished with simple imprisonment for a term which may extend to one month, or

with fine which may extend to five hundred rupees, or with both, or, if the notice or

information required to be given respects the commission of an offence, or is

required for the purpose of preventing the commission of an offence, or in order to

the apprehension of an offender, with simple imprisonment for a term which may

extend to six months, or with fine which may extend to one thousand rupees, or

with both, or, if the notice or information required to be given is required by an

order passed under sub-section (1) of section 565 of the Code of Criminal

Procedure, 1898 (5 of 1898) with imprisonment of either description for a term

which may extend to six months, or with fine which may extend to one thousand

rupees, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para II: Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees,

or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para III: Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

177. Furnishing false information —

Whoever, being legally bound to furnish information on any subject to any public

servant, as such, furnishes, as true, information on the subject which he knows or

has reason to believe to be false, shall be punished with simple imprisonment for a

term which may extend to six months, or with fine which may extend to one

thousand rupees, or with both; or, if the information which he is legally bound to

give respects the commission of an offence, or is required for the purpose of

preventing the commission of an offence, or in order to the apprehension of an

offender, with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

Illustrations

(a) A, a landholder, knowing of the commission of a murder within the limits of his

estate, wilfully misinforms the Magistrate of the district that the death has occurred

by accident in consequence of the bite of a snake. A is guilty of the offence

defined in this section.

(b) A, a village watchman, knowing that a considerable body of strangers has

passed through his village in order to commit a dacoity in the house of Z, a

wealthy merchant residing in a neighbouring place, and being bound under clause,

5, section VII, Regulation III, 1821, of the Bengal Code, to give early and punctual

information of the above fact to the officer of the nearest police station, wilfully

misinforms the police officer that a body of suspicious characters passed through

the village with a view to commit dacoity in a certain distant place in a different

direction. Here A is guilty of the offence defined in the later part of this section.

Explanation —In section 176 and in this section the word "offence" includes any

act committed at any place out of India, which, if committed in India, would be

punishable under any of the following sections, namely, 302, 304, 382, 392, 393,

394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460;

and the word "offender" includes any person who is alleged to have been guilty of

any such act.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para II: Punishment—Imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

178. Refusing oath or affirmation when duly required by public servant to

make it —

Whoever refuses to bind himself by an oath or affirmation to state the truth, when

required so to bind himself by a public servant legally competent to require that he

shall so bind himself, shall be punished with simple imprisonment for a term which

may extend to six months, or with fine which may extend to one thousand rupees,

or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or

both—Non-cognizable—Bailable—Triable by the court in which the offence is

committed, subject to the provisions of Chapter XXVI; or, if not committed in a

court, any Magistrate—Non-compoundable.

179. Refusing to answer public servant authorised to question —

Whoever, being legally bound to state the truth on any subject to any public

servant, refuses to answer any question demanded of him touching that subject by

such public servant in the exercise of the legal powers of such public servant, shall

be punished with simple imprisonment for a term which may extend to six months,

or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or

both—Non-cognizable—Bailable—Triable by the court in which the offence is

committed, subject to the provisions of Chapter XXVI; or, if not committed in a

court, any Magistrate—Non-compoundable.

180. Refusing to sign statement —

Whoever refuses to sign any statement made by him, when required to sign that

statement by a public servant legally competent to require that he shall sign that

statement, shall be punished with simple imprisonment for a term which may

extend to three months, or with fine which may extend to five hundred rupees, or

with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 3 months, or fine of 500 rupees, or both—

Non-cognizable—Bailable—Triable by the court in which the offence is committed,

subject to the provisions of Chapter XXVI; or, if not committed in a court, any

Magistrate—Non-compoundable.

181. False statement on oath or affirmation to public servant or person

authorised to administer an oath or affirmation —

Whoever, being legally bound by an oath or affirmation to state the truth on any

subject to any public servant or other person authorized by law to administer such

oath or affirmation, makes, to such public servant or other person as aforesaid,

touching the subject, any statement which is false, and which he either knows or

believes to be false or does not believe to be true, shall be punished with

imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

182. False information, with intent to cause public servant to use his lawful

power to the injury of another person —

Whoever gives to any public servant any information which he knows or believes

to be false, intending thereby to cause, or knowing it to be likely that he will

thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or

omit if the true state of facts respecting which such information is given

were known by him, or

(b) to use the lawful power of such public servant to the injury or

annoyance of any person, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine which

may extend to one thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate,

has been guilty of neglect of duty or misconduct, knowing such information to be

false, and knowing it to be likely that the information will cause the Magistrate to

dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place

knowing such information to be false, and knowing that it is likely that the

consequence of the information will be a search of Z’s premises, attended with

annoyance to Z. A has committed the offence defined in this section.

neighbourhood of a particular village. He does not mention the name of any

person as one of his assistants, but knows it to be likely that in consequence of

this information the police will make enquiries and institute searches in the village

to the annoyance of the villages or some of them. A has committed an offence

under this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

183. Resistance to the taking of property by the lawful authority of a public

servant —

Whoever offers any resistance to the taking of any property by the lawful authority

of any public servant, knowing or having reason to believe that he is such public

servant, shall be punished with imprisonment of either description for a term which

may extend to six months, or with fine which may extend to one thousand rupees,

or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

184. Obstructing sale of property offered for sale by authority of public

servant —

Whoever intentionally obstructs any sale of property offered for sale by the lawful

authority of any public servant, as such, shall be punished with imprisonment of

either description for a term which may extend to one month, or with fine which

may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 month or fine of 500 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

185. Illegal purchase or bid for property offered for sale by authority of

public servant —

Whoever, at any sale of property held by the lawful authority of a public servant, as

such, purchases or bids for any property on account of any person, whether

himself or any other, whom he knows to be under a legal incapacity to purchase

that property at that sale, or bids for such property not intending to perform the

obligations under which he lays himself by such bidding, shall be punished with

imprisonment of either description for a term which may extend to one month, or

with fine which may extend to two hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 month, or fine of 200 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

186. Obstructing public servant in discharge of public functions —

Whoever voluntarily obstructs any public servant in the discharge of his public

functions, shall be punished with imprisonment of either description for a term

which may extend to three months, or with fine which may extend to five hundred

rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

187. Omission to assist public servant when bound by law to give assistance

—

Whoever, being bound by law to render or furnish assistance to any public servant

in the execution of his public duty, intentionally omits to give such assistance, shall

be punished with simple imprisonment for a term which may extend to one month,

or with fine which may extend to two hundred rupees, or with both; and if such

assistance be demanded of him by a public servant legally competent to make

such demand for the purposes of executing any process lawfully issued by a Court

of Justice, or of preventing the commission of an offence, or of suppressing a riot,

or affray, or of apprehending a person charged with or guilty of an offence, or of

having escaped from lawful custody, shall be punished with simple imprisonment

for a term which may extend to six months, or with fine which may extend to five

hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or the fine of 200 rupees,

or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

Para II: Punishment—Simple imprisonment for 6 months, or fine of 500 rupees, or

both—Non-cognizable—Bailable—Triable by any Magistrate—Non-

compoundable.

188. Disobedience to order duly promulgated by public servant —

Whoever, knowing that, by an order promulgated by a public servant lawfully

empowered to promulgate such order, he is directed to abstain from a certain act,

or to take certain order with certain property in his possession or under his

management, disobeys such direction, shall, if such disobedience causes to

tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance

or injury, to any person lawfully employed, be punished with simple imprisonment

for a term which may extend to one month or with fine which may extend to two

hundred rupees, or with both; and if such disobedience causes or trends to cause

danger to human life, health or safety, or causes or tends to cause a riot or affray,

shall be punished with imprisonment of either description for a term which may

extend to six months, or with fine which may extend to one thousand rupees, or

with both.

Explanation — It is not necessary that the offender should intend to produce

harm, or contemplate his disobedience as likely to produce harm. It is sufficient

that he knows of the order which he disobeys, and that his disobedience produces,

or is likely to produce, harm.

Illustration

An order is promulgated by a public servant lawfully empowered to promulgate

such order, directing that a religious procession shall not pass down a certain

street. A knowingly disobeys the order, and thereby causes danger of riot. A has

committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 1 month, or fine of 200 rupees, or

both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Para II: Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or

both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

189. Threat of injury to public servant —

Whoever holds out any threat of injury to any public servant, or to any person in

whom he believes that public servant to be interested, for the purpose of inducing

that public servant to do any act, or to forbear or delay to do any act, connected

with the exercise of the public functions of such public servant, shall be punished

with imprisonment of either description for a term which may extend to two years,

or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

190. Threat of injury to induce person to refrain from applying for protection

to public servant —

Whoever holds out any threat of injury to any person for the purpose of inducing

that person to refrain or desist from making a legal application for protection

against any injury to any public servant legally empowered as such to give such

protection, or to cause such protection to be given, shall be punished with

imprisonment of either description for a term which may extend to one year, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER XI - OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC

JUSTICE

191. Giving false evidence —

Whoever, being legally bound by an oath or by an express provision of law to state

the truth, or being bound by law to make a declaration upon any subject, makes

any statement which is false, and which he either knows or believes to be false or

does not believe to be true, is said to give false evidence.

Explanation 1 —A statement is within the meaning of this section, whether it is

made verbally or otherwise.

Explanation 2 —A false statement as to the belief of the person attesting is within

the meaning of this section, and a person may be guilty of giving false evidence by

stating that he believes a thing which he does not believe, as well as by stating

that he knows a thing which he does not know.

Illustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees,

falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given

false evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain

signature to be the handwriting of Z, when he does not believe it to be the

handwriting of Z. Here A states that which he knows to be false, and therefore

gives false evidence.

certain signature to be the handwriting of Z; A in good faith believing it to be so.

Here A’s statement is merely as to his belief, and is true as to his belief, and

therefore, although the signature may not be the handwriting of Z, A has not given

false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at

a particular place on a particular day, not knowing anything upon the subject. A

gives false evidence whether Z was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true interpretation or

translation of a statement or document which he is bound by oath to interpret or

translate truly, that which is not and which he does not believe to be a true

interpretation or translation. A has given false evidence.

192. Fabricating false evidence —

Whoever causes any circumstance to exist or makes any false entry in any book

or record, or makes any document containing a false statement, intending that

such circumstance, false entry or false statement may appear in evidence in a

judicial proceeding, or in a proceeding taken by law before a public servant as

such, or before an arbitrator, and that such circumstance, false entry or false

statement, so appearing in evidence, may cause any person who in such

proceeding is to form an opinion upon the evidence, to entertain an erroneous

opinion touching any point material to the result of such proceeding, is said "to

fabricate false evidence".

Illustrations

(a) A, puts jewels into a box belonging to Z, with the intention that they may be

found in that box, and that this circumstance may cause Z to be convicted of theft.

A has fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as

corroborative evidence in a Court of Justice. A has fabricated false evidence.

writes a letter in imitation of Z’s handwriting, purporting to be addressed to an

accomplice in such criminal conspiracy, and puts the letter in a place which he

knows that the officers of the Police are likely to search. A has fabricated false

evidence.

193. Punishment for false evidence —

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or

fabricates false evidence for the purpose of being used in any stage of a judicial

proceeding, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine, and whoever

intentionally gives or fabricates false evidence in any other case, shall be punished

with imprisonment of either description for a term which may extend to three years,

and shall also be liable to fine.

Explanation 1 — A trial before a Court-martial; is a judicial proceeding.

Explanation 2 — An investigation directed by law preliminary to a proceeding

before a Court of Justice, is a stage of a judicial proceeding, though that

investigation may not take place before a Court of Justice.

Illustration

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z

ought to be committed for trial, makes on oath a statement which he knows to be

false. As this enquiry is a stage of a judicial proceeding, A has given false

evidence.

Explanation 3— An investigation directed by a Court of Justice according to law,

and conducted under the authority of a Court of Justice, is a stage of a judicial

proceeding, though that investigation may not take place before a Court of Justice.

Illustration

A, in any enquiry before an officer deputed by a Court of Justice to ascertain on

the spot the boundaries of land, makes on oath a statement which he knows to be

false. As this enquiry is a stage of a judicial proceeding. A has given false

evidence.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable—

Bailable—Triable by any Magistrate.

194. Giving or fabricating false evidence with intent to procure conviction of

capital offence —

Whoever gives or fabricates false evidence, intending thereby to cause, or

knowing it to be likely that he will thereby cause, any person to be convicted of an

offence which is capital by the law for the time being in force in India shall be

punished with imprisonment for life, or with rigorous imprisonment for a term which

may extend to ten years, and shall also be liable to fine;

if innocent person be thereby convicted and executed — and if an innocent

person be convicted and executed in consequence of such false evidence, the

person who gives such false evidence shall be punished either with death or the

punishment hereinbefore described.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for life, or rigorous imprisonment for 10 years

and fine—Non-cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

Para II: Punishment—Death or as above—Non-cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

195. Giving or fabricating false evidence with intent to procure conviction of

offence punishable with imprisonment for life or imprisonment.—

Whoever gives or fabricates false evidence intending thereby to cause, or knowing

it to be likely that he will thereby cause, any person to be convicted of an offence

which by the law for the time being in force in India is not capital, but punishable

with imprisonment for life, or imprisonment for a term of seven years or upwards,

shall be punished as a person convicted of that offence would be liable to be

punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to

be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or

rigorous imprisonment for a term which may extend to ten years, with or without

fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without

fine.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the offence—Non-cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

196. Using evidence known to be false —

Whoever corruptly uses or attempts to use as true or genuine evidence any

evidence which he knows to be false or fabricated, shall be punished in the same

manner as if he gave or fabricated false evidence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the giving or fabricating false evidence—Non-

cognizable—According as offence of giving such evidence is bailable or non-

bailable—Triable by court by which offence of giving or fabricating false evidence

is triable—Non-compoundable.

197. Issuing or signing false certificate —

Whoever issues or signs any certificate required by law to be given or signed, or

relating to any fact of which such certificate is by law admissible in evidence,

knowing or believing that such certificate is false in any material point, shall be

punished in the same manner as if he gave false evidence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the giving or fabricating false evidence—Non-

cognizable—Bailable.—Triable by court by which offence of giving false evidence

is triable—Non-compoundable.

198. Using as true a certificate known to be false —

Whoever corruptly uses or attempts to use any such certificate as a true

certificate, knowing the same to be false in any material point, shall be punished in

the same manner as if he gave false evidence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the giving or fabricating false evidence—Non-

cognizable—Bailable—Triable by Court by which offence of giving false evidence

is triable—Non-compoundable.

199. False statement made in declaration which is by law receivable as

evidence —

Whoever, in any declaration made or subscribed by him, which declaration any

Court of Justice, or any public servant or other person, is bound or authorised by

law to receive as evidence of any fact, makes any statement which is false, and

which he either knows or believes to be false or does not believe to be true,

touching any point material to the object for which the declaration is made or used,

shall be punished in the same manner as if he gave false evidence.

CLASSIFICATION OF OFFENCE

Punishment—The same as for the giving or fabricating false evidence—Non-

cognizable-Bailable—Triable by court by which offence of giving false evidence is

triable—Non-compoundable.

COMMENTS

No specific averment in the complaint that certain averments in the affidavit before

Rent Control Officer are false complaint cannot be held as maintainable;

Chandrapal Singh v. Maharaj Singh, AIR 1982 SC 1236.

200. Using as true such declaration knowing it to be false —

Whoever corruptly uses or attempts to use as true any such declaration, knowing

the same to be false in any material point, shall be punished in the same manner

as if he gave false evidence.

Explanation — A declaration which is inadmissible merely upon the ground of

some informality, is a declaration within the meaning of sections 199 to 200.

CLASSIFICATION OF OFFENCE

Punishment—The same as for giving or fabricating false evidence—Non-

cognizable—Bailable—Triable by court by which offence of giving false evidence

is triable—Non-compoundable.

201. Causing disappearance of evidence of offence, or giving false

information to screen offender —

Whoever, knowing or having reason to believe that an offence has been

committed, causes any evidence of the commission of that offence to disappear,

with the intention of screening the offender from legal punishment, or with that

intention gives any information respecting the offence which he knows or believes

to be false;

If a capital offence.—shall, if the offence which he knows or believes to have

been committed is punishable with death, be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to

fine;

If punishable with imprisonment for life.—and if the offence is punishable with

imprisonment for life, or with imprisonment which may extend to ten years, shall be

punished with imprisonment of either description for a term which may extend to

three years, and shall also be liable to fine;

If punishable with less than ten years’ imprisonment.—and if the offence is

punishable with imprisonment for any term not extending to ten years, shall be

punished with imprisonment of the description provided for the offence, for a term

which may extend to one-fourth part of the longest term of the imprisonment

provided for the offence, or with fine, or with both.

Illustration

A, knowing that B has murdered Z, assists B to hide the body with the intention of

screening B from punishment. A is liable to imprisonment of either description for

seven years, and also to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—According as the offence

in relation to which disappearance of evidence is caused is cognizable or non-

cognizable—Bailable—Triable by Court of Session—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III: Punishment—Imprisonment for a quarter of the longest term provided for

the offence, or fine or both—Non-cognizable—Bailable—Triable by court by which

the offence is triable—Non-compoundable.

202. Intentional omission to give information of offence by person bound to

inform.—

Whoever, knowing or having reason to believe that an offence has been

committed, intentionally omits to give any information respecting that offence

which he is legally bound to give, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

COMMENTS

Assuming that the prosecution has not positively proved that the death was

homicidal yet from the medical evidence it is clear that it was not a natural death

and consequently the death should at least be noted as one of suicide. Even in the

cause of suicide an offence of abetment punishable under section 306 is inherent.

Therefore, even in the case of suicide there is an obligation on the person who

knows or has reason to believe that such a suicidal death has occurred, to give

information; Bhagwan Swarup v. State of Rajasthan, (1991) Cr LJ 3123 (3133)

(SC).

203. Giving false information respecting an offence committed —

Whoever knowing or having reason to believe that an offence has been

committed, gives any information respecting that offence which he knows or

believes to be false, shall be punished with imprisonment of either description for a

term which may extend to two years, or with fine, or with both.

Explanation.— In sections 201 and 202 and in this section the word "offence",

includes any act committed at any place out of India, which, if committed in India,

would be punishable under any of the following sections, namely, 302, 304, 382,

392 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459

and 460.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

204. Destruction of document to prevent its production as evidence —

Whoever secretes or destroys any document which he may be lawfully compelled

to produce as evidence in a Court of Justice, or in any proceeding lawfully held

before a public servant, as such, or obligates or renders illegible the whole or any

part of such document with the intention of prevention the same from being

produced or used as evidence before such Court or public servant as aforesaid, or

after he shall have been lawfully summoned or required to produce the same for

that purpose, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

205. False personation for purpose of act or proceeding in suit or

prosecution —

Whoever falsely personates another, and in such assumed character makes any

admission or statement, or confesses judgment, or causes any process to be

issued or becomes bail or security, or does any other act in any suit or criminal

prosecution, shall be punished with imprisonment of either description for a term

which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

206. Fraudulent removal or concealment of property to prevent its seizure as

forfeited or in execution —

Whoever fraudulently removes, conceals, transfers or delivers to any person any

property or any interest therein, intending thereby to prevent that property or

interest therein from being taken as a forfeiture or in satisfaction of a fine, under a

sentence which has been pronounced, or which he knows to be likely to be

pronounced, by a Court of Justice or other competent authority, or from being

taken in execution of a decree or order which has been made, or which he knows

to be likely to be made by a Court of Justice in a civil suit, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable— Triable by any Magistrate—Non-compoundable.

207. Fraudulent claim to property to prevent its seizure as forfeited or in

execution —

Whoever fraudulently accepts, receives or claims any property or any interest

therein, knowing that he has no right or rightful claim to such property or interest,

or practices any deception touching any right to any property or any interest

therein, intending thereby to prevent that property or interest therein from being

taken as a forfeiture or in satisfaction of a fine, under a sentence which has been

pronounced, or which he knows to be likely to be pronounced by a Court of Justice

or other competent authority, or from being taken in execution of a decree or order

which has been made, or which he knows to be likely to be made by a Court of

Justice in a civil suit, shall be punished with imprisonment of either description for

a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable— Triable by any Magistrate—Non-compoundable.

208. Fraudulently suffering decree for sum not due —

Whoever fraudulently causes or suffers a decree or order to be passed against

him at the suit of any person for a sum not due or for a larger sum that is due to

such person or for any property or interest in property to which such person is not

entitled, or fraudulently causes or suffers a decree or order to be executed against

him after it has been satisfied, or for anything in respect of which it has been

satisfied, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

Illustration

A institutes a suit against Z. Z knowing that A is likely to obtain a decree against

him, fraudulently suffers a judgment to pass against him for a larger amount at the

suit of B, who has no just claim against him, in order that B, either on his own

account or for the benefit of Z, may share in the proceeds of any sale of Z’s

property which may be made under A’s decree. Z has committed an offence under

this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable— Triable by Magistrate of the first class—Non-compoundable.

209. Dishonestly making false claim in Court —

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person,

makes in a Court of Justice any claim which he knows to be false, shall be

punished with imprisonment of either description for a term which may extend to

two years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

210. Fraudulently obtaining decree for sum not due —

Whoever fraudulently obtains a decree or order against any person for a sum not

due or for a larger sum than is due, or for any property or interest in property to

which he is not entitled, or fraudulently causes a decree or order to be executed

against any person after it has been satisfied or for anything in respect of which it

has been satisfied, or fraudulently suffers or permits any such act to be done in his

name, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

211. False charge of offence made with intent to injure —

Whoever, with intent to cause injury to any person, institutes or causes to be

instituted any criminal proceeding against that person, or falsely charges any

person with having committed an offence, knowing that there is no just or lawful

ground for such proceeding or charge against that person, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both; and if such criminal proceeding be instituted on a false

charge of an offence punishable with death, imprisonment for life, or imprisonment

for seven years or upwards, shall be punishable with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III: Punishment—Imprisonment for 7 years, and fine—Non-cognizable—

Bailable—Triable by Court of Session—Non-compoundable.

212. Harbouring offender —

Whenever an offence has been committed, whoever harbours or conceals a

person whom he knows or has reason to believe to be the offender, with the

intention of screening him from legal punishment;

if a capital offence.—shall, if the offence is punishable with death, be punished

with imprisonment of either description for a term which may extend to five years,

and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.—and if the

offence is punishable with imprisonment for life, or with imprisonment which may

extend to ten years, shall be punished with imprisonment of either description for a

term which may extend to three years, and shall also be liable to fine; and if the

offence is punishable with imprisonment which may extend to one year, and not to

ten years, shall be punished with imprisonment of the description provided for the

offence for a term which may extend to one-fourth part of the longest term of

imprisonment provided for the offence, or with fine, or with both.

"Offence" in this section includes any act committed at any place out of India,

which, if committed in India, would be punishable under any of the following

sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402,

435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the

purposes of this section, be deemed to be punishable as if the accused person

had been guilty of it in India.

Exception —This provision shall not extend to any case in which the harbour or

concealment is by the husband or wife of the offender.

Illustration

A, knowing that B has committed dacoity, knowingly conceals B in order to screen

him from legal punishment. Here, as B is liable to imprisonment for life, A is liable

to imprisonment of either description for a term not exceeding three years, and is

also liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 5 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Para III: Punishment—Imprisonment for a quarter of the longest term, and of the

description, provided for the offence, or fine, or both—Cognizance—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

213. Taking gift, etc., to screen an offender from punishment —

Whoever accepts or attempts to obtain, or agrees to accept, any gratification for

himself or any other person, or any restitution of property to himself or any other

person, in consideration of his concealing an offence or of his screening any

person from legal punishment for any offence, or of his not proceeding against any

person for the purpose of bringing him to legal punishment,

if a capital offence — shall, if the offence is punishable with death, be punished

with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment — and if the

offence is punishable with imprisonment for life, or with imprisonment which may

extend to ten years, shall be punished with imprisonment of either description for a

term which may extend to three years, and shall also be liable to fine; and if the

offence is punishable with imprisonment not extending to ten, or with years, shall

be punished with imprisonment of the description provided for the offence for a

term which may extend to one-fourth part of the longest term of imprisonment

provided for the offence, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Para III: Punishment—Imprisonment for a quarter of the longest term, provided for

the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the

first class—Non-compoundable.

214. Offering gift or restoration of property in consideration of screening

offender —

Whoever gives or causes, or offers or agrees to give or cause, any gratification to

any person, or restores or causes the restoration of any property to any person, in

consideration of that person’s concealing an offence, or of his screening any

person from legal punishment for any offence, or of his not proceeding against any

person for the purpose of bringing him to legal punishment;

if a capital offence.—shall, if the offence is punishable with death, be punished

with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.—and if the

offence is punishable with imprisonment for life, or with imprisonment which may

extend to ten years, shall be punished with imprisonment of either description for a

term which may extend to three years, and shall also be liable to fine; and if the

offence is punishable with imprisonment not extending to ten years, shall be

punished with imprisonment of the description provided for the offence for a term

which may extend to one-fourth part of the longest term of imprisonment provided

for the offence, or with fine, or with both.

Exception — The provisions of sections 213 and 214 do not extend to any case in

which the offence may lawfully be compounded.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—Non-cognizable—

Bailable— Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine-—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III: Punishment—Imprisonment for a quarter of the longest term provided for

the offence, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of

the first class—Non-compoundable.

215. Taking gift to help to recover stolen property, etc.—

Whoever takes or agrees or consents to take any gratification under pretence or

on account of helping any person to recover any movable property of which he

shall have been deprived by any offence punishable under this Code, shall, unless

he uses all means in his power to cause the offender to be apprehended and

convicted of the offence, be punished with imprisonment of either description for a

term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

216. Harbouring offender who has escaped from custody or whose

apprehension has been ordered —

Whenever any person convicted of or charged with an offence, being in lawful

custody for that offence, escapes from such custody; or whenever a public

servant, in the exercise of the lawful powers of such public servant, orders a

certain person to be apprehended for an offence, whoever, knowing of such

escape or order for apprehension, harbours of conceals that person which the

intention of preventing him from being apprehended, shall be punished in the

manner following that is to say: —

if a capital offence.—if the offence for which the person was in custody or is

ordered to be apprehended is punishable with death, he shall be punished with

imprisonment of either description for a term which may extend to seven years,

and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.—if the offence

is punishable with imprisonment for life, or imprisonment for ten years, he shall be

punished with imprisonment of either description for a term which may extend to

three years, with or without fine; and if the offence is punishable with imprisonment

which may extend to one year and not to ten years, he shall be punished with

imprisonment of the description provided for the offence for a term which may

extend to one-fourth part of the longest term of the imprisonment provided for such

offence, or with fine, or with both.

"Offence" in this section includes also any act or omission of which a person is

alleged to have been guilty out of India, which, if he had been guilty of it in India,

would have been punishable as an offence, and for which he is, under any law

relating to extradition, or otherwise, liable to be apprehended or detained in

custody in India; and every such act or omission shall, for the purposes of this

section, be deemed to be punishable as if the accused person had been guilty of it

in India.

Exception — This provision does not extend to the case in which the harbour or

concealment is by the husband or wife of the person to be apprehended.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years, with or without fine—

Cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

Para III: Punishment—Imprisonment for a quarter of the longest term provided for

the offence, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the

first class—Non-compoundable.

216A. Penalty for harbouring robbers or dacoits —

Whoever, knowing or having reason to believe that any persons are about to

commit or have recently committed robbery or dacoity, harbours them or any of

them, with the intention of facilitating the commission of such robbery or dacoity or

of screening them or any of them from punishment, shall be punished with

rigorous imprisonment for a term which may extend to seven years, and shall also

be liable to fine.

Explanation — For the purposes of this section it is immaterial whether the

robbery or dacoity is intended to be committed, or has been committed, within or

without India.

Exception — This provision does not extend to the case in which the harbour is

by the husband or wife of the offender.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

216B. Definition of "harbour" in sections 212, 216 and 216A —

Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), sec. 3.

217. Public servant disobeying direction of law with intent to save person

from punishment or property from forfeiture —

Whoever, being a public servant, knowingly disobeys any direction of the law as to

the way in which he is to conduct himself as such public servant, intending thereby

to save, or knowing it to be likely that he will thereby save, any person from legal

punishment, or subject him to a less punishment than that to which he is liable, or

with intent to save, or knowing that he is likely thereby to save, any property from

forfeiture or any charge to which it is liable by law, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

218. Public servant framing incorrect record or writing with intent to save

person from punishment or property from forfeiture —

Whoever, being a public servant, and being as such public servant, charged with

the preparation of any record or other writing, frames that record or writing in a

manner which he knows to be incorrect, with intent to cause, or knowing it to be

likely that he will thereby cause, loss or injury to the public or to any person, or

with intent thereby to save, or knowing it to be likely that he will thereby save, any

person from legal punishment, or with intent to save, or knowing that he is likely

thereby to save, any property from forfeiture or other charge to which it is liable by

law, shall be punished with imprisonment of either description for a term which

may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

219. Public servant in judicial proceeding corruptly making report, etc.,

contrary to law —

Whoever, being a public servant, corruptly or maliciously makes or pronounces in

any stage of a judicial proceeding, any report, order, verdict, or decision which he

knows to be contrary to law, shall be punished with imprisonment of either

description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-Cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

220. Commitment for trial or confinement by person having authority who

knows that he is acting contrary to law —

Whoever, being in any office which gives him legal authority to commit persons for

trial or to commitment, or to keep persons in confinement, corruptly or maliciously

commits any person for trial or to confinement, or keeps any person in

confinement, in the exercise of that authority knowing that in so doing he is acting

contrary to law, shall be punished with imprisonment of either description for a

term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

221. Intentional omission to apprehend on the part of public servant bound

to apprehend —

Whoever, being a public servant, legally bound as such public servant to

apprehend or to keep in confinement any person charged with or liable to

apprehended for an offence, intentionally omits to apprehend such person, or

intentionally suffers such person to escape, or intentionally aids such person in

escaping or attempting to escape from such confinement, shall be punished as

follows, that is to say:—

with imprisonment of either description for a term which may extend to

seven years, with or without fine, if the person in confinement, or who ought to

have been apprehended, was charged with, or liable to be apprehended for, an

offence punishable with death; or with imprisonment of either description for a term

which may extend to three years, with or without fine, if the person in confinement,

or who ought to have been apprehended, was charged with, or liable to be

apprehended for, an offence punishable with imprisonment for life or imprisonment

for a term which may extend to ten years; or with imprisonment of either

description for a term which may extend to two years, with or without fine, if the

person in confinement, or who ought to have been apprehended, was charged

with, or liable to be apprehended for, an offence punishable with imprisonment for

a term less than ten years.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years, with or without fine—According as

the offence in relation to which such omission has been made in cognizable or

non-cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

Para II: Punishment—Imprisonment for 3 years, with or without fine—

Cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

Para III: Punishment—Imprisonment for 2 years, with or without fine—

Cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

222. Intentional omission to apprehend on the part of public servant bound

to apprehend person under sentence or lawfully committed —

Whoever, being a public servant, legally bound as such public servant to

apprehend or to keep in confinement any person under sentence of a Court of

Justice for any offence or lawfully committed to custody, intentionally omits to

apprehend such person, or intentionally suffers such person to escape or

intentionally aids such person in escaping or attempting to escape from such

confinement, shall be punished as follows, that is to say:—

with imprisonment for life or with imprisonment of either description for a

term which may extend to fourteen years, with or without fine, if the person in

confinement, or who ought to have been apprehended, is under sentence of

death; or with imprisonment of either description for a term which may extend to

seven years, with or without fine, if the person in confinement or who ought to

have been apprehended, is subject, by a sentence of a Court of Justice, or by

virtue of a commutation of such sentence, to imprisonment for life or imprisonment

for a term of ten years or upwards; or with imprisonment of either description for a

term which may extend to three years, or with fine, or with both, if the person in

confinement, or who ought to have been apprehended is subject, by a sentence of

a Court of Justice, to imprisonment for a term not exceeding to ten years or if the

person was lawfully committed to custody.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for life, or imprisonment for 14 years, with or

without fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

Para II: Punishment—Imprisonment for 7 years, with or without fine—

Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

Para III: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

223. Escape from confinement or custody negligently suffered by public

servant —

Whoever, being a public servant legally bound as such public servant to keep in

confinement any person charged with or convicted of any offence or lawfully

committed to custody, negligently suffers such person to escape from

confinement, shall be punished with simple imprisonment for a term which may

extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

224. Resistance or obstruction by a person to his lawful apprehension.—

Whoever intentionally offers any resistance or illegal obstruction to the lawful

apprehension of himself for any offence with which he is charged or of which he

has been convicted, or escapes or attempts to escape from any custody in which

he is lawfully detained for any such offence, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with

both.

Explanation — The punishment in this section is in addition to the punishment for

which the person to be apprehended or detained in custody was liable for the

offence with which he was charged, or of which he was convicted.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

225. Resistance or obstruction to lawful apprehension of another person —

Whoever intentionally offers any resistance or illegal obstruction to the lawful

apprehension of any other person for an offence, or rescues or attempts to rescue

any other person from any custody in which that person is lawfully detained for an

offence, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both; or, if the person to be

apprehended, or the person rescued or attempted to be rescued, is charged with

or liable to be apprehended for an offence punishable with imprisonment for life or

imprisonment for a term which may extend to ten years, shall be punished with

imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine; or, if the person to be apprehended, or the person

attempted to be rescued, is charged with or liable to be apprehended for an

offence punishable with death, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to

fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is

liable under the sentence of a Court of Justice, or by virtue of a commutation of

such a sentence, to imprisonment for life or imprisonment, for a term of ten years

or upwards, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine; or, if the person

to be apprehended or rescued, or attempted to be rescued, is under sentence of

death, shall be punished with imprisonment for life or imprisonment of either

description for a term not exceeding ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III & IV: Punishment—Imprisonment for 7 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class.

Para V: Punishment—Imprisonment for life or imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session.

225A. Omission to apprehend, or sufferance of escape, on part of public

servant, in cases not otherwise, provided for —

Whoever, being a public servant legally bound as such public servant to

apprehend, or to keep in confinement, any person in any case not provided for in

section 221, section 222 or section 223, or in any other law for the time being in

force, omits to apprehend that person or suffers him to escape from confinement,

shall be punished—

(a) if he does so intentionally, with imprisonment of either description for

a term which may extend to three years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which

may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by any Magistrate.

225B. Resistance or obstruction to lawful apprehension, or escape or rescue

in cases not otherwise provided for —

Whoever, in any case not provided for in section 224 or section 225 or in any other

law for the time being in force, intentionally offers any resistance or illegal

obstruction to the lawful apprehension of himself or of any other person, or

escapes or attempts to escape from any custody in which he is lawfully detained,

or rescues or attempts to rescue any other person from any custody in which that

person is lawfully detained, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

226. Unlawful return from transportation —

Rep. by the Code of Criminal Procedure (Amendment) Act, 1995 (26 of 1995),

sec. 117 and Sch. (w.e.f. 1-1-1956).

227. Violation of condition of remission of punishment —

Whoever, having accepted any conditional remission of punishment, knowingly

violates any condition on which such remission was granted, shall be punished

with the punishment to which he was originally sentenced, if he has already

suffered no part of that punishment, and if he has suffered any part of that

punishment, then with so much of that punishment as he has not already suffered.

CLASSIFICATION OF OFFENCE

Punishment—Punishment of original sentence, or if part of the punishment has

been undergone, the residue—Cognizable—Non-bailable—Triable by the court by

which the original offence was triable—Non-compoundable.

228. Intentional insult or interruption to public servant sitting in judicial

proceeding —

Whoever intentionally offers any insult, or causes any interruption to any public

servant, while such public servant is sitting in any stage of a judicial proceeding,

shall be punished with simple imprisonment for a term which may extend to six

months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or both—

Non-cognizable—Bailable—Triable by the Court in which the offence is committed,

subject to the provisions of chapter XXVI—Non-compoundable.

229. Personation of a juror or assessor —

Whoever, by personation or otherwise, shall intentionally cause, or knowingly

suffer himself to be returned, empanelled or sworn as a juryman or assessor in

any case in which he knows that he is not entitled by law to be so returned,

empanelled or sworn, or knowing himself to have been so returned, empanelled or

sworn contrary to law, shall voluntarily serve on such jury or as such assessor,

shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

CHAPTER XII - OF OFFENCES RELATING TO COIN AND GOVERNMENT

STAMPS

230. "Coin" defined —

Coin is metal used for the time being as money, and stamped and issued by the

authority of some State or Sovereign Power in order to be so used.

Indian coin —Indian coin is metal stamped and issued by the authority of the

Government of India in order to be used as money; and metal which has been so

stamped and issued shall continue to be Indian coin for the purposes of this

Chapter, notwithstanding that it may have ceased to be used as money.

Illustrations

(a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not coin.

(d) The coin denominated as the Company’s rupee is Indian coin.

(e) The "Farukhabad rupee" which was formerly used as money under the

authority of the Government of India is Indian coin although it is no longer so used.

231. Counterfeiting coin —

Whoever counterfeits or knowingly performs any part of the process of

counterfeiting coin, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Explanation — A person commits this offence who intending to practise

deception, or knowing it to be likely that deception will thereby be practised,

causes a genuine coin to appear like a different coin.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

232. Counterfeiting Indian coin –

Whoever counterfeits, or knowingly performs any part of the process of

counterfeiting Indian coin, shall be punished with imprisonment for life, or with

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

233. Making or selling instrument for counterfeiting coin —

Whoever makes or mends, or performs any part of the process of making or

mending, or buys, sells or disposes of, any die or instrument, for the purpose of

being used, or knowing or having reason to believe that it is intended to be used,

for the purpose of counterfeiting coin, shall be punished with imprisonment of

either description for a term which may extend to three years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bailable—

Triable by Magistrate of the first class—Non-compoundable.

234. Making or selling instrument for counterfeiting Indian coin —

Whoever makes or mends, or performs any part of the process of making or

mending, or buys, sells or disposes of, any die or instrument, for the purpose of

being used, or knowing or having reason to believe that it is intended to be used,

for the purpose of counterfeiting Indian coin, shall be punished with imprisonment

of either description for a term which may extend to seven years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

235. Possession of instrument, or material for the purpose of using the same

for counterfeiting coin —

Whoever is in possession of any instrument or material, for the purpose of using

the same for counterfeiting coin, or knowing or having reason to believe that the

same is intended to be used for that purpose, shall be punished with imprisonment

of either description for a term which may extend to three years, and shall also be

liable to fine;

If Indian coin —and if the coin to be counterfeited is Indian coin, shall be

punished with imprisonment of either description for a term which may extend to

ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 3 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

236. Abetting in India the counterfeiting out of India of coin —

Whoever, being within India, abets the counterfeiting of coin out of India, shall be

punished in the same manner as if he abetted the counterfeiting of such coin

within India.

CLASSIFICATION OF OFFENCE

Punishment—The punishment provided for abetting the counterfeiting of such coin

within India—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

237. Import or export of counterfeit coin —

Whoever imports into India, or exports therefrom, any counterfeit coin, knowing or

having reason to believe that the same is counterfeit, shall be punished with

imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

238. Import or export of counterfeits of the India coin —

Whoever imports into India, or exports therefrom, any counterfeit coin, which he

knows or has reason to believe to be a counterfeit of Indian coin, shall be

punished with imprisonment with imprisonment for life, or with imprisonment of

either description for a term which may extend to ten years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

239. Delivery of coin, possessed with knowledge that it is counterfeit —

Whoever, having any counterfeit coin, which at the time when he became

possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be

committed, delivers the same to any person, or attempts to induce any person to

receive it shall be punished with imprisonment of either description for a term

which may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

240. Delivery of Indian coin, possessed with knowledge that it is counterfeit

—

Whoever, having any counterfeit coin which is a counterfeit of Indian coin, and

which, at the time when he became possessed of it, he knew to be a counterfeit of

Indian coin, fraudulently or with intent that fraud may be committed, delivers the

same to any person, or attempts to induce any person to receive it shall be

punished with imprisonment of either description for a term which may extend to

ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

241. Delivery of coin as genuine, which, when first possessed, the deliverer

did not know to be counterfeit —

Whoever delivers to any other person as genuine, or attempts to induce any other

person to receive as genuine, any counterfeit coin which he knows to be

counterfeit, but which he did not know to be counterfeit at the time when he took it

into his possession, shall be punished with imprisonment of either description for a

term which may extend to two years, or with fine to an amount which may extend

to ten times the value of the coin counterfeited, or with both.

Illustration

A, a coiner, delivers counterfeit Company’s rupees to his accomplice B, for the

purpose of uttering them. B sells the rupees to C, another utterer,

242. Possession of counterfeit coin by person who knew it to be counterfeit

when he became possessed thereof —

Whoever, fraudulently or with intent that fraud may be committed, is in possession

of counterfeit coin, having known at the time when he became possessed thereof

that such coin was counterfeit, shall be punished with imprisonment of either

description for a term which may extend to three years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

243. Possession of Indian coin by person who knew it to be counterfeit when

he became possessed thereof —

Whoever, fraudulently or with intent that fraud may be committed, is in possession

of counterfeit coin, which is a counterfeit of Indian coin, having known at the time

when he became possessed of it that it was counterfeit, shall be punished with

imprisonment of either description for a term which may extend to seven years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

244. Person employed in mint causing coin to be of different weight or

composition from that fixed by law —

Whoever, being employed in any mint lawfully established in India, does any act,

or omits what he is legally bound to do, with the intention of causing any coin

issued from that mint to be of a different weight or composition from the weight or

composition fixed by law, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

245. Unlawfully taking coining instrument from mint —

Whoever, without lawful authority, takes out of any mint, lawfully established in

India, any coining tool or instrument, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

246. Fraudulently or dishonestly diminishing weight or altering composition

of coin —

Whoever fraudulently or dishonestly performs on any coin any operation which

diminishes the weight or alters the composition of that coin, shall be punished with

imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine.

Explanation — A person who scoops out part of the coin and puts anything else

into the cavity alters the composition of that coin.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 3 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

247. Fraudulently or dishonestly diminishing weight or altering composition

of Indian coin —

Whoever fraudulently or dishonestly performs on any Indian coin any operation

which diminishes the weight or alters the composition of that coin, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

248. Altering appearance of coin with intent that it shall pass as coin of

different description —

Whoever performs on any coin any operation which alters the appearance of that

coin, with the intention that the said coin shall pass as a coin of a different

description, shall be punished with imprisonment of either description for a term

which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

249. Altering appearance of Indian coin with intent that it shall pass as coin

of different description —

Whoever performs on any Indian coin any operation which alters the appearance

of that coin, with the intention that the said coin shall pass as a coin of a different

description, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

250. Delivery of coin, possessed with knowledge that it is altered —

Whoever, having coin in his possession with respect to which the offence defined

in section 246 or 248 has been committed, and having known at the time when he

became possessed of such coin that such offence had been committed with

respect to it, fraudulently or with intent that fraud may be committed, delivers such

coin to any other person, or attempts to induce any other person to receive the

same, shall be punished with imprisonment of either description for a term which

may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

251. Delivery of Indian coin, possessed with knowledge that it is altered —

Whoever, having coin in his possession with respect to which the offence defined

in section 247 or 249 has been committed, and having known at the time when he

became possessed of such coin that such offence had been committed with

respect to it, fraudulently or with intent that fraud may be committed, delivers such

coin to any other person, or attempts to induce any other person to receive the

same, shall be punished with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

252. Possession of coin by person who knew it to be altered when he

became possessed thereof —

Whoever, fraudulently or with intent that fraud may be committed, is in possession

of coin with respect to which the offence defined in either of the section 246 or 248

has been committed, having known at the time of becoming possessed thereof

that such offence had been committed with respect to such coin, shall be punished

with imprisonment of either description for a term which may extend to three years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

253. Possession of Indian coin by person who knew it to be altered when he

became possessed thereof —

Whoever, fraudulently or with intent that fraud may be committed, is in possession

of coin with respect to which the offence defined in either of the section 247 or 249

has been committed, having known at the time of becoming possessed thereof,

that such offence had been committed with respect to such coin, shall be punished

with imprisonment of either description for a term which may extend to five years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

254. Delivery of coin as genuine, which, when first possessed, the deliverer

did not know to be altered —

Whoever delivers to any other person as genuine or as a coin of a different

description from what it is, or attempts to induce any person to receive as genuine,

or as a different coin from what it is, any coin in respect of which he knows that

any such operation as that mentioned in section 246, 247, 248 or 249 has been

performed, but in respect of which he did not, at the time when he took it into his

possession, know that such operation had been performed, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine to an amount which may extend to ten times the value of the coin for

which the altered coin is passed, or attempted to be passed.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the coin—

Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

255. Counterfeiting Government stamp —

Whoever counterfeits, or knowingly performs any part of the process of

counterfeiting, any stamp issued by Government for the purpose of revenue, shall

be punished with imprisonment for life, or with imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

Explanation — A person commits this offence who counterfeits by causing a

genuine stamp of one denomination to appear like a genuine stamp of a different

denomination.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years, and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

256. Having possession of instrument or material for counterfeiting

Government stamp —

Whoever has in his possession any instrument or material for the purpose of being

used, or knowing or having reason to believe that it is intended to be used, for the

purpose of counterfeiting any stamp issued by Government for the purpose of

revenue, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

257. Making or selling instrument for counterfeiting Government stamp —

Whoever makes or performs any part of the process of making, or buys, or sells,

or disposes of, any instrument for the purpose of being used, or knowing or having

reason to believe that it is intended to be used, for the purpose of counterfeiting

any stamp issued by Government for the purpose of revenue, shall be punished

with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

258. Sale of counterfeit Government stamp —

Whoever, sells, or offers for sale, any stamp which he knows or has reason to

believe to be a counterfeit of any stamp issued by Government for the purpose of

revenue, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

259. Having possession of counterfeit Government stamp —

Whoever has in his possession any stamp which he knows to be a counterfeit of

any stamp issued by Government for the purpose of revenue, intending to use, or

dispose of the same as a genuine stamp, or in order that it may be used as a

genuine stamp, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable

Magistrate of the first class—Non-compoundable.

260. Using as genuine a Government stamp known to be a counterfeit —

Whoever uses as genuine any stamp, knowing it to be counterfeit of any stamp

issued by Government for the purpose of revenue, shall be punished with

imprisonment of either description for a term which may extend to seven years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

261. Effacing, writing from substance bearing Government stamp, or

removing from document a stamp used for it, with intent to cause loss to

Government —

Whoever, fraudulently or with intent to cause loss to the Government, removes or

effaces from any substance, bearing any stamp issued by Government for the

purpose of revenue, any writing or document for which such stamp has been used,

or removes from any writing or document a stamp which has been used for such

writing or document, in order that such stamp may be used for a different writing or

document, shall be punished with imprisonment of either description for a term

which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

262. Using Government stamp known to have been before used —

Whoever, fraudulently or with intent to cause loss to the Government, uses for any

purpose a stamp issued by Government for the purpose of revenue, which he

knows to have been before used, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable.

263. Erasure of mark denoting that stamp has been used —

Whoever, fraudulently or with intent to cause loss to Government, erases or

removes from a stamp issued by the Government for the purpose of revenue, any

mark, put or impressed upon such stamp for the purpose of denoting that the

same has been used, or knowingly has in his possession or sells or disposes of

any such stamp from which such mark has been erased or removed, or sells or

disposes of any such stamp which he knows to have been used, shall be punished

with imprisonment of either description for a term which may extend to three years,

or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

263A. Prohibition of fictitious stamps —

(1) Whoever—

(a) makes, knowingly utters, deals in or sells any fictitious stamps, or

knowingly uses for any postal purpose any fictitious stamp, or

(b) has in his possession, without lawful excuse, any fictitious stamp, or

plate, instrument or materials for making any fictitious stamp, shall be

punished with fine which may extend to two hundred rupees.

(2) Any such stamps, die, plate, instrument or materials in the possession of any

person for making any fictitious stamp may be seized and, if seized shall be

forfeited.

(3) In this section "fictitious stamp" means any stamp falsely purporting to be

issued by the Government for the purpose of denoting a rate of postage, or any

facsimile or imitation or representation, whether on paper or otherwise, of any

stamp issued by Government for that purpose.

4) In this section and also in sections 255 to 263, both inclusive, the word

"Government", when used in connection with, or in reference to, any stamp

issued for the purpose of denoting a rate of postage, shall, notwithstanding

anything in section 17, be deemed to include the person or persons authorized by

law to administer executive government in any part of India, and also in any part of

Her Majesty’s dominions or in any foreign country.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 200 rupees—Cognizable—Non-bailable—Triable by any

Magistrate—Non-compoundable.

CHAPTER XIII - OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing —

Whoever fraudulently uses any instrument for weighing which he knows to be

false, shall be punished with imprisonment of either description for a term which

may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

265. Fraudulent use of false weight or measure.—

Whoever fraudulently uses any false weight or false measure of length or capacity,

or fraudulently uses any weight or any measure of length or capacity as a different

weight or measure from what it is, shall be punished with imprisonment of either

description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

266. Being in possession of false weight or measure —

Whoever is in possession of any instrument for weighing, or of any weight, or of

any measure of length or capacity, which he knows to be false, intending that the

same may be fraudulently used, shall be punished with imprisonment of either

description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

267. Making or selling false weight or measure —

Whoever makes, sells or disposes of any instrument for weighing, or any weight,

or any measure of length or capacity which he knows to be false, in order that the

same may be used as true, or knowing that the same is likely to be used as true,

shall be punished with imprisonment of either description for a term which may

extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER XIV - OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS

268. Public nuisance —

A person is guilty of a public nuisance who does any act or is guilty of an illegal

omission which causes any common injury, danger or annoyance to the public or

to the people in general who dwell or occupy property in the vicinity, or which must

necessarily cause injury, obstruction, danger or annoyance to persons who may

have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some

convenience or advantage.

269. Negligent act likely to spread infection of disease dangerous to life —

Whoever unlawfully or negligently does any act which is, and which he knows or

has reason to believe to be, likely to spread the infection of any disease

dangerous to life, shall be punished with imprisonment of either description for a

term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

270. Malignant act likely to spread infection of disease dangerous to life —

Whoever malignantly does any act which is, and which he knows or has reason to

believe to be, likely to spread the infection of any disease dangerous to life, shall

be punished with imprisonment of either description for a term which may extend

to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

271. Disobedience to quarantine rule —

Whoever knowingly disobeys any rule made and promulgated by the Government

for putting any vessel into a state of quarantine, or for regulating the intercourse of

vessels in a state of quarantine with the shore or with other vessels, or for

regulating the intercourse between places where an infectious disease prevails

and other places, shall be punished with imprisonment of either description for a

term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

272. Adulteration of food or drink intended for sale —

Whoever adulterates any article of food or drink, so as to make such article

noxious as food or drink, intending to sell such article as food or drink, or knowing

it to be likely that the same will be sold as food or drink, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

STATE AMENDMENTS

State of Uttar Pradesh:

In sections 272, 273, 274, 275 and 276 for the words "shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine which may extend to one thousand rupees, or with both" the following

shall be substituted, namely: —

"shall be punished with imprisonment for life and shall also be liable to fine:

Provided that the court may, for adequate reason to be mentioned in the

judgment, impose a sentence of imprisonment which is less than imprisonment

for life."

Vide: U.P. Act No. 47 of 1975.

State of West Bengal:

In its application to the State of West Bengal in sections 272, 273, 274, 275 and

276 for the words "of either description for a term which may extend to six months,

or with fine which may extend to one thousand rupees, or with both" the following

shall be substituted, namely:—

"for life with or without fine:

Provided that the Court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment which is less

than imprisonment for life."

Vide: W.B. Act No. 42 of 1973 (w.e.f. 29-4-1973).

See State amendments under section 272.

273. Sale of noxious food or drink —

Whoever sells, or offers or exposes for sale, as food or drink, any article which has

been rendered or has become noxious, or is in a state unfit for food or drink,

knowing or having reason to believe that the same is noxious as food or drink,

shall be punished with imprisonment of either description for a term which may

extend to six months, or with fine which may extend to one thousand rupees, or

with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

274. Adulteration of drugs —

Whoever adulterates any drug or medical preparation in such a manner as to

lessen the efficacy or change the operation of such drug or medical preparation, or

to make it noxious, intending that it shall be sold or used for, or knowing it to be

likely that it will be sold or used for, any medical purpose, as if it had not

undergone such adulteration, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

See State amendments under section 272.

275. Sale of adulterated drugs —

Whoever, knowing any drug or medical preparation to have been adulterated in

such a manner as to lessen its efficacy, to change its operation, or to render it

noxious, sells the same, or offers or exposes it for sale, or issues it from any

dispensary for medicinal purposes as unadulterated, or causes it to be used for

medicinal purposes by any person not knowing of the adulteration, shall be

punished with imprisonment of either description for a term which may extend to

six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

See State amendments under section 272.

276. Sale of drug as a different drug or preparation —

Whoever knowingly sells, or offers or exposes for sale, or issues from a

dispensary for medicinal purposes, any drug or medical preparation, as a different

drug or medical preparation, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

See State amendments under section 272.

277. Fouling water of public spring or reservoir —

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so

as to render it less fit for the purpose for which it is ordinarily used, shall be

punished with imprisonment of either description for a term which may extend to

three months, or with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

278. Making atmosphere noxious to health —

Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious

to the health of persons is general dwelling or carrying on business in the

neighbourhood or passing along a public way, shall be punished with fine which

may extend to five hundred rupees.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 500 rupees—Cognizable—Bailable—Triable by any

Magistrate—Non-compoundable.

279. Rash driving or riding on a public way —

Whoever drives any vehicle, or rides, on any public way in a manner so rash or

negligent as to endanger human life, or to be likely to cause hurt or injury to any

other person, shall be punished with imprisonment of either description for a term

which may extend to six months, or with fine which may extend to one thousand

rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

280. Rash navigation of vessel —

Whoever navigates any vessel in a manner so rash or negligent as to endanger

human life, or to be likely to cause hurt or injury to any other person, shall be

punished with imprisonment of either description for a term which may extend to

six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

281. Exhibition of false light, mark or buoy —

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely

that such exhibition will mislead any navigator, shall be punished with

imprisonment of either description for a term which may extend to seven years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

282. Conveying person by water for hire in unsafe or overloaded vessel —

Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any

person by water in any vessel, when that vessel is in such a state or as loaded as

to endanger the life of that person, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

283. Danger or obstruction in public way or line of navigation —

Whoever, by doing any act, or by omitting to take order with any property in his

possession or under his charge, causes danger, obstruction or injury to any

person in any public way or public line of navigation, shall be punished with fine

which may extend to two hundred rupees.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any

Magistrate—Non-compoundable.

284. Negligent conduct with respect to poisonous substance —

Whoever does, with any poisonous substance, any act in a manner so rash or

negligent as to endanger human life, or to be likely to cause hurt or injury to any

person, or knowingly or negligently omits to take such order with any poisonous

substance in his possession as is sufficient to guard against any probable danger

to human life from such poisonous substance, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

285. Negligent conduct with respect to fire or combustible matter —

Whoever does, with fire or any combustible matter, any act so rashly or negligently

as to endanger human life, or to be likely to cause hurt or injury to any other

person, or knowingly or negligently omits to take such order with any fire or any

combustible matter in his possession as is sufficient to guard against any probable

danger to human life from such fire or combustible matter, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

286. Negligent conduct with respect to explosive substance —

Whoever does, with any explosive substance, any act so rashly or negligently as

to endanger human life, or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any explosive substance

in his possession as is sufficient to guard against any probable danger to human

life from that substance, shall be punished with imprisonment of either description

for a term which may extend to six months, or with fine which may extend to one

thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

287. Negligent conduct with respect to machinery —

Whoever does, with any machinery, any act so rashly or negligently as to

endanger human life, or to be likely to cause hurt or injury to any other person, or

knowingly or negligently omits to take such order with any machinery in his

possession or under his care as is sufficient to guard against any probable danger

to human life from such machinery, shall be punished with imprisonment of either

description for a term which may extend to six months, or with fine which may

extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

288. Negligent conduct with respect to pulling down or repairing buildings —

Whoever, in pulling down or repairing any building, knowingly or negligently omits

to take such order with that building as is sufficient to guard against any probable

danger to human life from the fall of that building, or of any part thereof, shall be

punished with imprisonment of either description for a term which may extend to

six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

289. Negligent conduct with respect to animal —

Whoever knowingly or negligently omits to take such order with any animal in his

possession as is sufficient to guard against any probable danger to human life, or

any probable danger of grievous hurt from such animal, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

290. Punishment for public nuisance in cases not otherwise provided for —

Whoever commits a public nuisance in any case not otherwise punishable by this

Code, shall be punished with fine which may extend to two hundred rupees.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 200 rupees—Non-cognizable—Bailable—Triable by any

Magistrate—Non-compoundable.

291. Continuance of nuisance after injunction to discontinue —

Whoever repeats or continues a public nuisance, having been enjoined by any

public servant who has lawful authority to issue such injunction not to repeat or

continue such nuisance, shall be punished with simple imprisonment for a term

which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 6 months, or fine, or both—Cognizable-

Bailable—Triable by any Magistrate—Non-compoundable.

292. Sale, etc., of obscene books, etc.—

(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing,

painting, representation, figure or any other object, shall be deemed to be obscene

if it is lascivious or appeals to the prurient interest or if its effect, or (where it

comprises two or more distinct items) the effect of any one of its items, is, if taken

as a whole, such as to tend to deprave and corrupt person, who are likely, having

regard to all relevant circumstances, to read, see or hear the matter contained or

embodied in it.

(2) Whoever—

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts

into circulation, or for purposes of sale, hire, distribution, public

exhibition or circulation, makes, produces or has in his possession any

obscene book, pamphlet, paper, drawing, painting, representation or

figure or any other obscene object whatsoever, or

(b) imports, exports or conveys any obscene object for any of the

purposes aforesaid, or knowing or having reason to believe that such

object will be sold, let to hire, distributed or publicly exhibited or in any

manner put into circulation, or

which he knows or has reason to believe that any such obscene objects

are for any of the purposes aforesaid, made, produced, purchased, kept,

imported,

exported, conveyed, publicly exhibited or in any manner put into

circulation, or

(d) advertises or makes known by any means whatsoever that any

person is engaged or is ready to engage in any act which is an offence

under this section, or that any such obscene object can be procured

from or through any person, or

(e) offers or attempts to do any act which is an offence under this

section,

shall be punished on first conviction with imprisonment of either description for a

term which may extend to two years, and with fine which may extend to two

thousand rupees, and, in the event of a second or subsequent conviction, with

imprisonment of either description for a term which may extend to five years, and

also with fine which may extend to five thousand rupees.

Exception — This section does not extend to—

(a) any book, pamphlet, paper, writing, drawing, painting, representation

or figure—

(i) the publication of which is proved to be justified as being for the

public good on the ground that such book, pamphlet, paper, writing,

drawing, painting, representation or figure is in the interest of

science, literature, art of learning or other objects of general concern,

(ii) which is kept or used bona fide for religious purposes;

(b) any representation sculptured, engraved, painted or otherwise

represented on or in—

(i) any ancient monument within the meaning of the Ancient

Monuments and Archaeological Sites and Remains Act, 1958 (24 of

1958), or

(ii) any temple, or on any car used for the conveyance of idols, or

kept or used for any religious purpose.

CLASSIFICATION OF OFFENCE

292.A. Printing, etc., of grossly indecent or scurrilous matter or matter

intended for blackmail —

Whoever, —

(a) prints or causes to be printed in any newspaper, periodical or

circular, or exhibits or causes to be exhibited, to public view or

distributes or causes to be distributed or in any manner puts into

circulation any picture or any printed or written document which is

grossly indecent, or in scurrilous or intended for blackmail; or

(b) sells or lets for hire, or for purposes of sale or hire makes, produces

or has in his possession, any picture or any printed or written document

which is grossly indecent or is scurrilous or intended for blackmail; or

grossly indecent or is scurrilous or intended for blackmail knowing or

having reason to believe that such picture or document will be printed,

sold, let for hire distributed or publicly exhibited or in any manner put

into circulation; or

(d) takes part in, or receives profits from, any business in the course of

which he knows or has reason to believe that any such newspaper,

periodical, circular, picture or other printed or written document is

printed, exhibited, distributed, circulated, sold, let for hire, made,

produced, kept, conveyed or purchased; or

(e) advertises or makes known by any means whatsoever that any

person is engaged or is ready to engage in any Act which is an offence

under this section, or that any such newspaper, periodical, circular,

picture or other printed or written document which is grossly indecent or

is scurrilous or intended for blackmail, can be procured from or through

any person; or

(f) offers or attempts to do any act which is an offence under this section

*shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both:

Provided that for a second or any subsequent offence under this section, he

shall be punished with imprisonment of either description for a term which shall not

be less than six months *and not more than two years.

Explanation I — For the purposes of this section, the word scurrilous shall be

deemed to include any matter which is likely to be injurious to morality or is

calculated to injure any person:

Provided that it is not scurrilous to express in good faith anything whatever

respecting the conduct of—

(i) a public servant in the discharge of his public functions or respecting

his character so far as his character appears in that conduct and no

further; or

(ii) any person touching any public question, and respecting his

character, so far as his character appears in that conduct and no further.

Explanation II.—In deciding whether any person has committed an offence under

this section, the court shall have regard inter alia, to the following considerations—

(a) The general character of the person charged, and where relevant the

nature of his business;

(b) the general character and dominant effect of the matter alleged to be

grossly indecent or scurrilous or intended for blackmail;

as to his intention in committing any of the acts specified in this section.

Vide T.N. Act No. 25 of 1960.

*Subs. by T.N. Act No. 30 of 1984

293. Sale, etc., of obscene objects to young person —

Whoever sells, lets to hire, distributes, exhibits or circulates to any person under

the age of twenty years any such obscene object as is referred to in the last

preceding section, or offers or attempts so to do, shall be punished on first

conviction with imprisonment of either description for a term which may extend to

three years, and with fine which may extend to two thousand rupees, and, in the

event of a second or subsequent conviction, with

imprisonment of either description for a term which may extend to seven years,

and also with fine which may extend to five thousand rupees.

CLASSIFICATION OF OFFENCE

Punishment—O

294. Obscene acts and songs —

Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near

any public place,

shall be punished with imprisonment of either description for a term which may

extend to three months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

294A. Keeping lottery office —

Whoever keeps any office or place for the purpose of drawing any lottery not being

a State lottery or a lottery authorised by the State Government, shall be punished

with imprisonment of either description for a term which may extend to six months,

or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any

goods, or to do or forbear doing anything for the benefit of any person, on any

event or contingency relative or applicable to the drawing of any ticket, lot, number

or figure in any such lottery, shall be punished with fine which may extend to one

thousand rupees.

STATE AMENDMENTS

State of Andhra Pradesh:

In Andhra Pradesh, section 294-A repealed.

Vide Andhra Pradesh Act No. 16 of 1968, section 27.

State of Gujarat:

In Gujarat, section 294-A repealed.

Vide Bombay Act No. 82 of 1958.

State of Karnataka:

In Karnataka area except Bellary District, section 294-A repealed.

Vide Karnataka Act No. 27 of 1957.

State of Maharashtra:

In Maharashtra, section 294-A repealed.

Vide Bombay Act No. 82 of 1958.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 6 months, or fine, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Para II: Punishment—Fine of 1,000 rupees—Non-Cognizable—Bailable—Triable

by any Magistrate—Non-compoundable.

CHAPTER XV - OF OFFENCES RELATING TO RELIGION

295. Injuring or defiling place of worship with intent to insult the religion of

any class —

Whoever destroys, damages or defiles any place of worship, or any object held

sacred by any class of persons with the intention of thereby insulting the religion of

any class of persons or with the knowledge that any class of persons is likely to

consider such destruction, damage or defilement as an insult to their religion, shall

be punishable with imprisonment of either description for a term which may extend

to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable.

295A. Deliberate and malicious acts, intended to outrage religious feelings

of any class by insulting its religion or religious beliefs —

Whoever, with deliberate and malicious intention of outraging the religious feelings

of any class of citizens of India, by words, either spoken or written, or by signs or

by visible representations or otherwise, insults or attempts to insult the religion or

the religious beliefs of that class, shall be punished with imprisonment of either

description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

296. Disturbing religious assembly —

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the

performance of religious worship, or religious ceremonies, shall be punished with

imprisonment of either description for a term which may extend to one year, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

297. Trespassing on burial places, etc.—

Whoever, with the intention of wounding the feelings of any person, or of insulting

the religion of any person, or with the knowledge that the feelings of any person

are likely to be wounded, or that the religion of any person is likely to be insulted

thereby, commits any trespass in any place of worship or on any place of

sculpture, or any place set apart from the performance of funeral rites or as a

depository for the remains of the dead, or offers any indignity to any human

corpse, or causes disturbance to any persons assembled for the performance of

funeral ceremonies, shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

298. Uttering, words, etc., with deliberate intent to wound the religious

feelings of any person—

Whoever, with the deliberate intention of wounding the religious feelings of any

person, utters any word or makes any sound in the hearing of that person or

makes any gesture in the sight of that person or places, any object in the sight of

that person, shall be punished with imprisonment of either description for a term

which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compounded by the person whose religious

feelings are intended to be wounded.

CHAPTER XVI - OF OFFENCES AFFECTING THE HUMAN BODY

Of Offences affecting Life

299. Culpable homicide —

Whoever causes death by doing an act with the intention of causing death, or with

the intention of causing such bodily injury as is likely to cause death, or with the

knowledge that he is likely by such act to cause death, commits the offence of

culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or

with the knowledge that death is likely to be thereby caused. Z believing the

ground to be firm, treads on it, falls in and is killed. A has committed the offence of

culpable homicide.

(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or

knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and

kills Z. Here B may be guilty of no offence; but A has committed the offence of

culpable homicide.

bush; A not knowing that he was there. Here, although A was doing an unlawful

act, he was not guilty of culpable homicide, as he did not intend to kill B, or to

cause death by doing an act that he knew was likely to cause death.

Explanation I — A person who causes bodily injury to another who is labouring

under a disorder, disease or bodily infirmity, and thereby accelerates the death of

that other, shall be deemed to have caused his death.

Explanation 2 — Where death is caused by bodily injury, the person who causes

such bodily injury shall be deemed to have caused the death, although by

resorting to proper remedies and skilful treatment the death might have been

prevented.

Explanation 3 — The causing of the death of child in the mother’s womb is not

homicide. But it may amount to culpable homicide to cause the death of a living

child, if any part of that child has been brought forth, though the child may not

have breathed or been completely born.

COMMENTS

(i) "Culpable homicide" is genus, and "murder" is the specie. All "murder" is

culpable homicide but not vice-versa; Narasingh Challan v. State of Orissa, (1997)

2 Crimes 78 (Ori).

(ii) The assault for murder cannot be said to be sudden and without meditation as

the deceased was not armed; State of Maharashtra v. Krishna Murti Lazmipatti

Naidu, AIR 1981 SC 617 : (1981) SC Cr R 398 (1981) Cr LJ 9 : (1981) SCC (Cr)

354.

300. Murder —

Except in the cases hereinafter excepted, culpable homicide is murder, if the act

by which the death is caused is done with the intention of causing death, or—

Secondly — If it is done with the intention of causing such bodily injury as the

offender knows to be likely to cause the death of the person to whom the harm is

caused, or—

Thirdly — If it is done with the intention of causing bodily injury to any person and

the bodily injury intended to be inflicted is sufficient in the ordinary course of nature

to cause death, or—

Fourthly — If the person committing the act knows that it is so imminently

dangerous that it must, in all probability, cause death or such bodily injury as is

likely to cause death, and commits such act without any excuse for incurring the

risk of causing death or such injury as aforesaid.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits

murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to

cause his death, strikes him with the intention of causing bodily injury. Z dies in

consequence of the blow. A is guilty of murder, although the blow might not have

been sufficient in the ordinary course of nature to cause the death of a person in a

sound state of health. But if A, not knowing that Z is labouring under any disease,

gives him such a blow as would not in the ordinary course of nature kill a person in

a sound state of health, here A, although he may intend to cause bodily injury, is

not guilty of murder, if he did not intend to cause death, or such bodily injury as in

the ordinary course of nature would cause death.

of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty

of murder, although he may not have intended to cause Z’s death.

(d) A without any excuse fires a loaded cannon into a crowd of persons and kills

one of them. A is guilty of murder, although he may not have had a premeditated

design to kill any particular individual.

Exception 1 —When culpable homicide is not murder.—Culpable homicide is

not murder if the offender, whilst deprived of the power of self-control by grave and

sudden provocation, causes the death of the person who gave the provocation or

causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos: —

First — That the provocation is not sought or voluntarily provoked by the

offender as an excuse for killing or doing harm to any person.

Secondly — That the provocation is not given by anything done in

obedience to the law, or by a public servant in the lawful exercise of the

powers of such public servant.

Thirdly — That the provocation is not given by anything done in the lawful

exercise of the right of private defence.

Explanation — Whether the provocation was grave and sudden enough to

prevent the offence from amounting to murder is a question of fact.

Illustrations

(a) A, under the influence of passion excited by a provocation given by Z,

intentionally kills. Y, Z’s child. This is murder, in as much as the provocation was

not given by the child, and the death of the child was not caused by accident or

misfortune in doing an act caused by the provocation.

(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a

pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near

him, but out of sight. A kills Z. Here A has not committed murder, but merely

culpable homicide.

by the arrest, and kills Z. This is murder, in as much as the provocation was given

by a thing done by a public servant in the exercise of his powers.

(d) A appears as witness before Z, a Magistrate, Z says that he does not believe a

word of A’s deposition, and that A has perjured himself. A is moved to sudden

passion by these words, and kills Z. This is murder.

(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence,

lays hold of A to prevent him from doing so. A is moved to sudden and violent

passion in consequence, and kills Z. This is murder, in as much as the provocation

was given by a thing done in the exercise of the right of private defence.

(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander,

intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into

B’s hand for that purpose. B kills Z with the knife. Here B may have committed

only culpable homicide, but A is guilty of murder.

Exception 2 — Culpable homicide is not murder if the offender, in the exercise in

good faith of the right of private defence of person or property, exceeds the power

given to him by law and causes the death of the person against whom he is

exercising such right of defence without premeditation, and without any intention of

doing more harm than is necessary for the purpose of such defence.

Illustration

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A

draws out a pistol. Z persists in the assault. A believing in good faith that he can by

no other means prevent himself from being horsewhipped, shoots Z dead. A has

not committed murder, but only culpable homicide.

Exception 3 — Culpable homicide is not murder if the offender, being a public

servant or aiding a public servant acting for the advancement of public justice,

exceeds the powers given to him by law, and causes death by doing an act which

he, in good faith, believes to be lawful and necessary for the due discharge of his

duty as such public servant and without ill-will towards the person whose death is

caused.

Exception 4 — Culpable homicide is not murder if it is committed without

premeditation in a sudden fight in the heat of passion upon a sudden quarrel and

without the offender having taken undue advantage or acted in a cruel or unusual

manner.

Explanation — It is immaterial in such cases which party offers the provocation or

commits the first assault.

Exception 5 — Culpable homicide is not murder when the person whose death is

caused, being above the age of eighteen years, suffers death or takes the risk of

death with his own consent.

Illustration

A, by instigation, voluntarily causes, Z, a person under eighteen years of age to

commit suicide. Here, on account of Z’s youth, he was incapable of giving consent

to his own death; A has therefore abetted murder.

Comments

(i) In case where there was no intention to cause death, the act was done with

knowledge that same is likely to cause death, the guilt of offence comes under part

II of sec. 304; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

(ii) In absence of intention to cause particular injury likely to cause death

conviction comes under part II of sec. 304; Randhir Singh v. State of Punjab, AIR

1982 SC 55 (1981) Cr LR (SC) 543: (1981) 4 SCC 484.

(iii) When there was no evidence as to how death came about, evidence relating to

charge of murder was held to be insufficient and unacceptable; Kedar Nath v.

State of Madhya Pradesh, (1991) Cr LJ 989 (SC).

(iv) When in case of murder complaint filed after a month of incident and

witnesses, statement recorded after 9 months, conviction cannot be founded;

State of West Bengal v. Shew Mangal Singh, AIR 1981 SC 1917: (1981) Cr LJ

1683: (1981) SCC (Cr) 782 : (1981) Cr LR (SC) 501 : (1981) 4 SCC 2.

(v) Circumstances that accused were in possession of buffaloes belonging to

deceased cannot lead to hold accused guilty of murder; Joga Gola v. State of

Gujarat, AIR 1982 SC 1227: (1982) SCC (Cr) 141.

(vi) When accused had no intention to cause injury on non-vital part of body which

was sufficient to cause death in ordinary course of nature, illustration (c) of section

300 is not applicable; Gokul Parashram Patil v. State of Maharashtra, AIR 1981

SC 1441: (1981) Cr LJ 1033.

(vii) The totality of the injuries caused to the victim clearly supports the finding of

both the courts below that the accused/appellants went on belabouring the

deceased till he died on the spot. In the circumstances, the contention that the

accused did not intend to cause the murder of the deceased cannot be upheld by

the Supreme Court; Prabhu v. State of Madhya Pradesh, (1991) Cr LJ 1373

(1373-1374) (SC).

(viii) Having regard to the number of injuries inflicted on the deceased it was not

possible to uphold the contention that there was no intention to kill; Prabhu v.

State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

(ix) The establishment of the involvement of the accused on the incident and

misgiving of a barchhi blow to the grandson of the deceased when he tried to go to

the rescue of his grand-father, is sufficient to convict the accused under section

300 read with section 34; Banta Singh v. State of Punjab, (1991) Cr LJ 1342 (SC).

(x) It is fallacious to contend that when death is caused by a single blow clause

thirdly is not attracted and, therefore, it would not amount to murder. The

ingredient ‘intention’ in that clause gives clue in a given case whether offence

involved is murder or not; Jai Prakash v. The State (Delhi Administration), (1991) 1

Crimes 474 (SC).

(xi) The number and nature of injuries may furnish good evidence to consider

whether the accused had exceeded the right to private defence; Patori Devi v.

Amar Nath, (1988) Cr LJ 836: AIR 1988 SC 560.

(xii) Circumstantial evidence is not sufficient to convict accused when possibility of

deceased receiving fatal injury by fall cannot be ruled out; State of Rajasthan v.

Smt. Kamla, (1991) Cr LJ 602 (SC).

(xiii) In case of murder in which the conclusion of guilt is drawn by prosecution it

must be fully established beyond all reasonable doubt and consistent with the guilt

of the accused; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

(xiv) Infliction of the injury on the vital part of the body with the agricultural

instrument by the enraged accused in a sudden quarrel—Held, accused did not

cause the injury intentionally; Patel Rasiklal Becharbhai v. State of Gujarat, AIR

1992 SC 1150.

(xv) (1) The test of "grave and sudden" provocation is whether a reasonable man,

belonging to the same class of society as the accused, placed in the situation in

which the accused was placed would be so provoked as to lose his self-control. (2)

In India, words and gestures may also, under certain circumstances, cause grave

and sudden provocation to an accused so as to bring his act within the First

Exception to Section 300. (3) The mental background created by the previous act

of the victim may be taken into consideration in ascertaining whether the

subsequent act caused grave and sudden provocation for committing the offence.

Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes 146 (Mad).

(xvi) Mere sudden quarrel would not entitle the accused to seek for Exception 4 to

section 300; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2

Crimes 185 (Mad).

(xvii) To invoke Exception 4 to section 300, four requirements must be satisfied,

namely (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was

done in a heat of passion; and (iv) the assailant had not taken any undue

advantage or acted in a cruel manner... The number of wounds caused during the

occurrence is not a decisive factor but what is important is that the occurrence

must have been sudden and unpremeditated and the offender must have acted in

a fit of anger. Of course, the offender must not have taken any undue advantage

or acted in a cruel manner. Where, on a sudden quarrel, a person in the heat of

the moment picks up a weapon which is handy and causes injuries, one of which

proves fatal, he would be entitled to the benefit of this Exception provided he has

not acted cruelly; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997)

2 Crimes 185 (Mad).

(xviii) Where a mutual conflict develops and there is no reliable and acceptable

evidence as to how it started and as to who was the aggressor, it will not be

correct to assume private defence for both sides. Such a case will be a case of

sudden fight and conflict and has to be dealt with under Exception 4 to section 300

of the Code; Januram v. State of Madhya Pradesh, (1997) 2 Crimes 582 (MP).

301. Culpable homicide by causing death of person other than person whose

death was intended —

If a person, by doing anything which he intends or knows to be likely to cause

death, commits culpable homicide by causing the death of any person, whose

death he neither intends nor knows himself to be likely to cause, the culpable

homicide committed by the offender is of the description of which it would have

been if he had caused the death of the person whose death he intended or knew

himself to be likely to cause.

COMMENTS

Accused is punishable for murder under doctrine of transfer of malice under

section 301 of the Code when he aimed at one and killed another person; Jagpal

Singh v. State of Punjab, (1991) Cr LJ 597 (SC).

302. Punishment for murder —

Whoever commits murder shall be punished with death, or imprisonment for life,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Death, or imprisonment for life, and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

COMMENTS

(i) When ocular evidence in murder case is unreliable benefit of doubt to be given

to all accused; Chandu Bhai Shana Bhai Parmar v. State of Gujarat, AIR 1982 SC

1022 : (1981) SCC (Cr) 682.

(ii) The facts taken cumulatively form a chain so complete that there is no escape

from the conclusion that within all human probability the murder was committed by

the appellant and none else; Daya Ram v. The State (Delhi Administration, (1988)

Cr LJ 865: AIR 1988 SC 615.

(iii) Provisions of death sentence being an alternative punishment for murder is not

unreasonable; Bachhan Singh v. State of Punjab, AIR 1980 SC 898: (1980) 2 SCC

864: (1980) Cr LJ 636 : (1980) Cr LR (SC) 388: 1980 (2) SCJ 475.

(iv) In case where facts and circumstances from which conclusion of guilt was

sought to be drawn by prosecution was not established beyond reasonable doubt

the conviction under section 302 read with section 34 and under section 392 had

to be quashed; Hardyal and Prem v. State of Rajasthan, (1991) Cr LJ 345 (SC).

(v) Accused committed murder in professional manner with planned motivation,

accused deserved no sympathy even when the accused had no personal motive;

Kuljeet Singh v. Union of India, AIR 1981 SC 1572: (1981) Cr LJ 1045: (1981) Cr

LR (SC) 328.

(vi) In dowry deaths motive for murder exists and what is required of Courts is to

examine as to who translated it into action as motive viz., whether individual or

family; Ashok Kumar v. State of Rajasthan, (1991) 1 Crimes 116 (SC).

(vii) Crime of murder committed against public servant doing official duties must be

discouraged and dealt with firm hand; Gayasi v. State of Uttar Pradesh, AIR 1981

SC 1160: (1981) ALJ 441: (1981) Cr LJ 883: (1981) SCC (Cr) 590: (1981) Cr App.

R (SC) 385: (1981) 2 SCC 713.

(viii) Fatal injury caused by the accused in broad day light, evidence of the eye

witness and medical evidence being corroborative, conviction under section 302,

held, sustainable; Wazir Singh v. State of Haryana, AIR 1992 SC 1429.

(ix) It is well settled that if the evidence of the eye-witnesses are held to be reliable

and inspire confidence then the accused cannot be acquitted solely on the ground

that some superficial injuries found on the person of the accused concerned, had

not been explained by the prosecution; A.M. Kunnikoya v. State of Kerala, 1993

(1) Crimes 1192 (SC).

(x) Conviction can be based on testimony of a single eye witness provided his

testimony is found reliable and inspires confidence; Anil Phukan v. State of

Assam, 1993 (1) Crimes 1180 (SC).

(xi) When the appellant dealt a severe knife blow on the stomach of deceased

without provocation and when deceased was unarmed and had already been

injured by co-accused the appellant cannot be held that he had no intention to

cause a murderous assault by mere fact that only one blow was inflicted; Nashik v.

State of Maharashtra, 1993(1) Crimes 1197 (SC).

(xii) In cases depending on circumstantial evidence it is true that the chain of

events proved by the prosecution must show that within all human probability the

offence has been committed by the accused, but the court is expected to consider

the total cumulative effect of all the proved facts along with the motive suggested

by the prosecution which induced the accused to follow a particular path; Sarbir

Singh v. State of Punjab, 1993(1) Crimes 616 (SC).

(xiii) Non-explanation of the injuries on the person of the accused by the

prosecution may not affect the prosecution case if the injuries sustained by the

accused are minor or superficial or where the evidence produced by the

prosecution is clear and cogent and is of independent and dis-interested persons

and is consistent with credit worthiness; Sawai Ram v. State of Rajasthan, (1997)

2 crimes 148 (Raj).

(xiv) Two offences under section 302 and section 306 of the Indian Penal Code

are of distinct and different categories; Sangarabonia Sreenu v. State of Andhra

Pradesh, (1997) 4 Supreme 214.

(xv) The basic constituent of an offence under section 302, is homicidal death;

Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214.

303. Punishment for murder by life-convict —

Whoever, being under sentence of imprisonment for life, commits murder, shall be

punished with death.

CLASSIFICATION OF OFFENCE

Punishment—Death—Cognizable—Non-bailable—Triable by Court of Session—

Non-compoundable.

304. Punishment for culpable homicide not amounting to murder —

Whoever commits culpable homicide not amounting to murder shall be punished

with imprisonment for life, or imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine, if the act by which the

death is caused is done with the intention of causing death, or of causing such

bodily injury as is likely to cause death, or with imprisonment of either description

for a term which may extend to ten years, or with fine, or with both, if the act is

done with the knowledge that it is likely to cause death, but without any intention to

cause death, or to cause such bodily injury as is likely to cause death.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

Para II: Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—

Non-bailable—Triable by Court of Session—Non-compoundable.

COMMENTS

(i) Before an accused is held guilty and punished under first part or second part of

section 304 a death must have been caused by the assailant under any of the

circumstances mentioned in the five exceptions to section 300; Harendra Nath

Mandal v. State of Bihar, 1993(1) Crimes 984 (SC).

(ii) Out of the three accused persons, one of the accused person gave a fatal blow

on the head of the deceased, the other accused person injured the deceased by

spear on his knee and arm. First accused person is liable to be convicted under

part I of section 304. The other accused person is liable to be convicted under

section 324 as section 34 has not been applied after setting aside conviction under

section 147 of the Indian Penal Code; Kedar Prasad v. State of Madhya Pradesh,

AIR 1992 SC 1629.

(iii) Where there was absence of prior enmity with deceased and intention accused

was sentenced under section 304, part II and not under section 302; Rajju v. State

of Uttar Pradesh, (1994) Cr LJ 105 (All).

(iv) Whether the plea of drunkenness can be taken as defence for claiming

acquittal or for lessening sentence depends upon ‘intention’ and ‘knowledge’ of

the accused; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19

(AP).

304A. Causing death by negligence —

Whoever causes the death of any person by doing any rash or negligent act not

amounting to culpable homicide, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Comments

In order to impose criminal liability on the accused, it must be found as a fact that

collusion was entirely or mainly due to the rashness or negligence; Munile Sao v.

State of Bihar (1997) 3 Crimes 200 (Pat).

304B. Dowry death —

(1) Where the death of a woman is caused by any burns or bodily injury or occurs

otherwise than under normal circumstances within seven years of her marriage

and it is shown that soon before her death she was subjected to cruelty or

harassment by her husband or any relative of her husband for, or in connection

with, any demand for dowry, such death shall be called "dowry death", and such

husband or relative shall be deemed to have caused her death.

Explanation —For the purpose of this sub-section, "dowry" shall have the same

meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term

which shall not be less than seven years but which may extend to imprisonment

for life.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment of not less than 7 years but which may extend to

imprisonment for life—Cognizable—Non-bailable—Triable by Court of Session—

Non-compoundable.

COMMENTS

Section 304B is a substantive provision creating a new offence and not merely a

provision effecting a change in procedure for trial of a pre-existing substantive

offence. As a consequence, accused cannot be tried and punished for the offence

of dowry death provided in section 304-B of the Code with the minimum sentence

of seven years’ imprisonment for an act done by them prior to creation of the new

offence of dowry death; Soni Devrajbhai Babubhai v. State of Gujarat, 1991 Cr LJ

(313) (SC).

305. Abetment of suicide of child or insane person —

If any person under eighteen years of age, any insane person, any delirious

person, any idiot, or any person in a state of intoxication, commits suicide,

whoever abets the commission of such suicide, shall be punished with death or

imprisonment for life, or imprisonment for a term not exceeding ten years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Death, or imprisonment for life, or imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

306. Abetment of suicide —

If any person commits suicide, whoever abets the commission of such suicide,

shall be punished with imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

Comments

(i) To attract the ingredients of abetment, the intention of the accused to aid or

instigate or abet the deceased to commit suicide is necessary; Pallem Deniel

Victoralions Victor Manter & Ors. v. State of Andhra Pradesh, (1997) 1 Crimes 499

(AP).

(ii) Two offences under section 302 and section 306 of the Indian Penal Code are

of distinct and different categories; Sangarabonia Sreenu v. State of Andhra

Pradesh (1997) 4 Supreme 214.

The basic constituents of an offence under section 306, IPC are suicidal death and

abetment thereof; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4

Supreme 214.

307. Attempt to murder —

Whoever does any act with such intention or knowledge, and under such

circumstances that, if he by that act caused death, he would be guilty or murder,

shall be punished with imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine; and if hurt is caused to any

person by such act, the offender shall be liable either to imprisonment for life, or to

such punishment as is hereinbefore mentioned.

Attempts by life convicts —

When any person offending under this section is under sentence of imprisonment

for life, he may, if hurt is caused, be punished with death.

Illustrations

(a) A shoots at Z with intention to kill him, under such circumstances that, if death

ensued. A would be guilty of murder. A is liable to punishment under this section.

(b) A, with the intention of causing the death of a child of tender years, exposes it

in a desert place. A has committed the offence defined by this section, though the

death of the child does not ensure.

offence. A fires the gun at Z. He has committed the offence defined in this section,

and if by such firing he wounds Z, he is liable to the punishment provided by the

latter part of the first paragraph of this section.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with

food which remains in A’s keeping; A has not yet committed the offence defined in

this section. A places the food on Z’s table or delivers it to Z’s servant to place it

on Z’s table. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

Para III: Punishment—Death, or imprisonment for 10 years and fine—

Cognizable—Non—bailable—Triable by Court of Session—Non-compoundable.

COMMENTS

(i) If a person who does an act with intention or knowledge that if by that act

caused death, he will be guilty of murder; Vasant Virthu Jadhav v. State of

Maharashtra, (1997) 2 Crimes 539 (Bom).

(ii) The question of intention to kill or the knowledge of death in terms of section

307, is a question of fact and not one of law. It would all depend on the facts of a

given case; Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539

(Bom).

(iii) The important thing to be borne in mind in determining the question whether an

offence under section 307, is made out is the intention and not the injury (even if

simple or minor); Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes

539 (Bom).

(iv) It is not necessary that injury, capable of causing death, should have been

inflicted. What is material to attract, the provisions of section 307 is the guilty

intention or knowledge with which the all was done, irrespective of its result. The

intention and knowledge are the matters of inference from totality of circumstances

and cannot be measured merely from the results; Ansarudin v. State of Madhya

Pradesh, (1997) 2 Crimes 157 (MP).

(v) The intention of knowledge of the accused must be such as is necessary to

constitute murder; Hari Kishan and State of Haryana v. Sukhbir Singh, (1989) Cr

LJ 116: AIR 1988 SC 2127.

(vi) When in the absence of intention accused fired shot causing simple injury to

victim, conviction under Section 324 instead of under section 307 justified; Kundan

Singh v. State of Punjab, AIR 1982 SC 62.

(vii) When only one accused out of six being members of unlawful assembly

armed with deadly weapon fired shots causing injuries falling under section 307,

conviction under section 307 justified; Tukaram Dayamu Gurav v. State of

Maharashtra, AIR 1982 SC 59: (1982) Cr LJ 199.

308. Attempt to commit culpable homicide —

Whoever does any act with such intention or knowledge and under such

circumstances that, if he by that act caused death, he would be guilty of culpable

homicide not amounting to murder, shall be punished with imprisonment of either

description for a term which may extend to three years, or with fine, or with both;

and, if hurt is caused to any person by such act, shall be punished with

imprisonment of either description for a term which may extend to seven years, or

with fine, or with both.

Illustration

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances

that if he thereby caused death he would be guilty of culpable homicide not

amounting to murder. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—

Non-bailable—Triable by Court of Session—Non-compoundable.

Para II: Punishment—Imprisonment for 7 years, or fine, or both Cognizable—Non-

Bailable—Triable by Court of Session—Non-compoundable.

309. Attempt to commit suicide —

Whoever attempts to commit suicide and does any act towards the commission of

such offence, shall he punished with simple imprisonment for a term which may

extend to one year or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine or both—Cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

COMMENTS

The Supreme Court has set aside its earlier judgment in P. Rathinam/

Nagbhushan Patnaik v. Union of India, JT 1994 (3) SC 392, wherein the Court had

struck down section 309 as unconstitutional. In a country where one-half of its

population still live below the poverty line, the right to die by suicide cannot be

granted to any person. Article 21 of the Constitution, which gives right to life and

personal liberty, by no stretch of imagination can be said to impliedly include right

to death by committing suicide. The section is also not violative of Article 14. There

is no requirement of awarding any minimum sentence. The sentence of

imprisonment or fine is not compulsory but discretionary; Smt. Gian Kaur v. The

State of Punjab, JT 1996 (3) SC 339.

310. Thug —

Whoever, at any time after the passing of this Act, shall have been habitually

associated with any other or others for the purpose of committing robbery or child-

stealing by means of or accompanied with murder, is a thug.

311. Punishment —

Whoever is a thug, shall be punished with imprisonment for life, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life and fine—Cognizable—Non-bailable—Triable

by Court of Session—Non-compoundable.

Of the Causing of Miscarriage, of Injuries to Unborn Children, of the

Exposure of Infants, and of the Concealment of Births

312. Causing miscarriage —

Whoever voluntarily causes a woman with child to miscarry, shall, if such

miscarriage be not caused in good faith for the purpose of saving the life of the

woman, be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both; and, if the woman be quick with

child, shall be punished with imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine.

Explanation —A woman who causes herself to miscarry, is within the meaning of

this section.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine or both—Non-cognizable—

Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

313. Causing miscarriage without woman’s consent —

Whoever commits the offence defined in the last preceding section without the

consent of the woman, whether the woman is quick with child or not, shall be

punished with imprisonment for life, or with imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

314. Death caused by act done with intent to cause miscarriage —

Whoever, with intent to cause the miscarriage of a woman with child, does any act

which causes the death of such woman, shall be punished with imprisonment of

either description for a term may extend to ten years, and shall also be liable to

fine;

If act done without woman’s consent — And if the act is done without the

consent of the woman, shall be punished either with imprisonment for life, or with

the punishment above mentioned.

Explanation — It is not essential to this offence that the offender should know that

the act is likely to cause death.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

Para II: Punishment—Imprisonment for life, or as above—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

315. Act done with intent to prevent child being born alive or to cause it to

die after birth —

Whoever before the birth of any child does any act with the intention of thereby

preventing that child from being born alive or causing it to die after its birth, and

does by such act prevent that child from being born alive, or causes it to die after

its birth, shall, if such act be not caused in good faith for the purpose of saving the

life of the mother, be punished with imprisonment of either description for a term

which may extend to ten years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

316. Causing death of quick unborn child by act amounting to culpable

homicide —

Whoever does any act under such circumstances, that if he thereby caused death

he would be guilty of culpable homicide, and does by such act cause the death of

a quick unborn child, shall be punished with imprisonment of either description for

a term which may extend to ten years, and shall also be liable to fine.

Illustration

A, knowing that he is likely to cause the death of a pregnant woman, does an act

which, if it caused the death of the woman, would amount to culpable homicide.

The woman is injured, but does not die; but the death of an unborn quick child with

which she is pregnant is thereby caused. A is guilty of the offence defined in this

section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

317. Exposure and abandonment of child under twelve years, by parent or

person having care of it —

Whoever being the father or mother of a child under the age of twelve years, or

having the care of such child, shall expose or leave such child in any place with

the intention of wholly abandoning such child, shall be punished with imprisonment

of either description for a term which may extend to seven years, or with fine, or

with both.

Explanation — This section is not intended to prevent the trial of the offender for

murder or culpable homicide, as the case may be, if the child die in consequence

of the exposure.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

318. Concealment of birth by secret disposal of dead body —

Whoever, by secretly burying or otherwise disposing of the death body of a child

whether such child die before or after or during its birth, intentionally conceals or

endeavours to conceal the birth of such child, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with

both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Of Hurt

319. Hurt —

Whoever causes bodily pain, disease or infirmity to any person is said to cause

hurt.

320. Grievous hurt —

The following kinds of hurt only are designated as "grievous": —

First — Emasculation.

Secondly — Permanent privation of the sight of either eye.

Thirdly — Permanent privation of the hearing of either ear,

Fourthly — Privation of any member or joint.

Fifthly.— Destruction or permanent impairing of the powers of any

member or joint.

Sixthly — Permanent disfiguration of the head or face.

Seventhly — Fracture or dislocation of a bone or tooth.

Eighthly — Any hurt which endangers life or which causes the sufferer

to be during the space of twenty days in severe bodily pain, or unable to

follow his ordinary pursuits.

321. Voluntarily causing hurt —

Whoever does any act with the intention of thereby causing hurt to any person, or

with the knowledge that he is likely thereby to cause hurt to any person, and does

thereby cause hurt to any person, is said "voluntarily to cause hurt".

322. Voluntarily causing grievous hurt —

Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows

himself to be likely to cause is grievous hurt, and if the hurt which he causes is

grievous hurt, is said "voluntarily to cause grievous hurt."

Explanation —A person is not said voluntarily to cause grievous hurt except when

he both causes grievous hurt and intends or knows himself to be likely to cause

grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or

knowing himself to be likely to cause grievous hurt of one kind, he actually causes

grievous hurt of another kind.

Illustration

A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives

Z a blow which does not permanently disfigure Z’s face, but which cause Z to

suffer severe bodily pain for the space of twenty days. A has voluntarily caused

grievous hurt.

323. Punishment for voluntarily causing hurt —

Whoever, except in the case provided for by section 334, voluntarily causes hurt,

shall be punished with imprisonment of either description for a term which may

extend to one year, or with fine which may extend to one thousand rupees, or with

both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Compounded by the person to

whom the hurt is caused.

324. Voluntarily causing hurt by dangerous weapons or means —

Whoever, except in the case provided for by section 334, voluntarily causes hurt

by means of any

instrument for shooting, stabbing or cutting, or any instrument which, used as

weapon of offence, is likely to cause death, or by means of fire or any heated

substance, or by means of any poison or any corrosive substance, or by means of

any explosive substance or by means of any substance which it is deleterious to

the human body to inhale, to swallow, or to receive into the blood, or by means of

any animal, shall be punished with imprisonment of either description for a term

which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Compoundable by the person to whom hurt is caused

with the permission of the court.

325. Punishment for voluntarily causing grievous hurt —

Whoever, except in the case provided for by section 335, voluntarily causes

grievous hurt, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, and fine—Cognizable—Bailable—Triable

by any Magistrate—Compoundable by the person to whom hurt is caused with the

permission of the court.

COMMENTS

The act of squeezing the testicles of a person would be an offence of causing

grievous hurt; State of Karnataka v. Shivalingaiah, (1988) Cr LJ 394 : AIR 1988

SC 115.

326. Voluntarily causing grievous hurt by dangerous weapons or means—

Whoever, except in the case provided for by section 335, voluntarily causes

grievous hurt by means of any instrument for shooting, stabbing or cutting, or any

instrument which, used as a weapon of offence, is likely to cause death, or by

means of fire or any heated substance, or by means of any poison or any

corrosive substance, or by means of any explosive substance, or by means of any

substance which it is deleterious to the human body to inhale, to swallow, or to

receive into the blood, or by means of any animal, shall be punished with

imprisonment for life, or with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

327. Voluntarily causing hurt to extort property, or to constrain to an illegal

act —

Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or

from any person interested in the sufferer, any property or valuable security, or of

constraining the sufferer or any person interested in such sufferer to do anything

which is illegal or which may facilitate the commission of an offence, shall be

punished with imprisonment of either description for a term which may extend to

ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

328. Causing hurt by means of poison, etc. with intent to commit an offence

—

Whoever administers to or causes to be taken by any person any poison or any

stupefying, intoxicating or unwholesome drug, or other thing with intent to cause

hurt to such person, or with intent to commit or to facilitate the commission of an

offence or knowing it to be likely that he will thereby cause hurt, shall be punished

with imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

329. Voluntarily causing grievous hurt to extort property, or to constrain to

an illegal act —

Whoever voluntarily causes grievous hurt for the purpose of extorting from the

sufferer or from any person interested in the sufferer any property or valuable

security, or of constraining the sufferer or any person interested in such sufferer to

do anything that is illegal or which may facilitate the commission of an offence,

shall be punished with imprisonment for life, or imprisonment of either description

for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

330. Voluntarily causing hurt to extort confession, or to compel restoration

of property —

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or

from any person interested in the sufferer, any confession or any information

which may lead to the detection of an offence or misconduct, or for the purpose of

constraining the sufferer or any person interested in the sufferer to restore or to

cause the restoration of any property or valuable security or to satisfy any claim or

demand, or to give information which may lead to the restoration of any property or

valuable security, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

Illustrations

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed

a crime. A is guilty of an offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen

property is deposited. A is guilty of an offence under this section.

revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is

guilty of an offence under this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

331. Voluntarily causing grievous hurt to extort confession, or to compel

restoration of property —

Whoever voluntarily causes grievous hurt for the purpose of extorting from the

sufferer or from any person interested in the sufferer any confession or any

information which may lead to the detection of an offence or misconduct, or for the

purpose of constraining the sufferer or any person interested in the sufferer to

restore or to cause the restoration of any property or valuable security, or to satisfy

any claim or demand or to give information which may lead to the restoration of

any property or valuable security, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

332. Voluntarily causing hurt to deter public servant from his duty —

Whoever voluntarily causes hurt to any person being a public servant in the

discharge of his duty as such public servant, or with intent to prevent or deter that

person or any other public servant from discharging his duty as such public

servant, or in consequence of anything done or attempted to be done by that

person in the lawful discharge of his duty as such public servant, shall be punished

with imprisonment of either description for a term which may extend to three years,

or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

333. Voluntarily causing grievous hurt to deter public servant from his duty

—

Whoever voluntarily causes grievous hurt to any person being a public servant in

the discharge of his duty as such public servant, or with intent to prevent or deter

that person or any other public servant from discharging his duty as such public

servant, or in consequence of anything done or attempted to be done by that

person in the lawful discharge of his duty as such public servant, shall be punished

with imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

334. Voluntarily causing hurt on provocation —

Whoever voluntarily causes hurt on grave and sudden provocation, if he neither

intends nor knows himself to be likely to cause hurt to any person other than the

person who gave the provocation, shall be punished with imprisonment of either

description for a term which may extend to one month, or with fine which may

extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 month, or fine of 500 rupees, or both—Non-

congnizable—Bailable—Triable by any Magistrate—Compoundable by the person

to whom the hurt is caused.

335. Voluntarily causing grievous hurt on provocation —

Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he

neither intends nor knows himself to be likely to cause grievous hurt to any person

other than the person who gave the provocation, shall be punished with

imprisonment of either description for a term which may extend to four years, or

with fine which may extend to two thousand rupees, or with both.

Explanation— The last two sections are subject to the same provisos as

Explanation 1, section 300.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 4 years, or fine of 2000 rupees, or both—

Cognizable-Bailable—Triable by Magistrate of the first class—Compoundable by

the person to whom hurt is caused with the permission of the court.

336. Act endangering life or personal safety of others —

Whoever does any act so rashly or negligently as to endanger human life or the

personal safety of others, shall be punished with imprisonment of either

description for a term which may extend to three months, or with fine which may

extend to two hundred and fifty rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 250 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

337. Causing hurt by act endangering life or personal safety of others —

Whoever causes hurt to any person by doing any act so rashly or negligently as to

endanger human life, or the personal safety of others, shall be punished with

imprisonment of either description for a term which may extend to six months, or

with fine which may extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 500 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

to whom hurt is caused with the permission of the court.

338. Causing grievous hurt by act endangering life or personal safety of

others —

Whoever causes grievous hurt to any person to doing any act so rashly or

negligently as to endanger human life, or the personal safety of others, shall be

punished with imprisonment of either description for a term which may extend to

two years, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

to whom hurt is caused with the permission of the court.

Of Wrongful Restraint and Wrongful Confinement

339. Wrongful restraint —

Whoever voluntarily obstructs any person so as to prevent that person from

proceeding in any direction in which that person has a right to proceed, is said

wrongfully to restrain that person.

Exception —The obstruction of a private way over land or water which a person in

good faith believes himself to have a lawful right to obstruct, is not an offence

within the meaning of this section.

Illustration

A obstructs a path along which Z has a right to pass. A not believing in good faith

that he has a right to stop the path. Z is thereby prevented from passing. A

wrongfully restrains Z.

340. Wrongful confinement —

Whoever wrongfully restrains any person in such a manner as to prevent that

person from proceedings beyond certain circumscribing limits, is said "wrongfully

to confine" that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Z in. A is thus prevented

from proceeding in any direction beyond the circumscribing line of wall. A

wrongfully confines Z.

(b) A places men with firearms at the outlets of a building, and tells Z that they will

fire at Z if Z attempts to leave the building. A wrongfully confines Z.

341. Punishment for wrongful restraint —

Whoever wrongfully restrains any person shall be punished with simple

imprisonment for a term which may extend to one month, or with fine which may

extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

restrained or confined.

342. Punishment for wrongful confinement —

Whoever wrongfully confines any person shall be punished with imprisonment of

either description for a term which may extend to one year, or with fine which may

extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

restrained or confined.

343. Wrongful confinement for three or more days —

Whoever wrongfully confines any person for three days, or more, shall be

punished with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Compoundable by the person confined with the

permission of the court.

344. Wrongful confinement for ten or more days —

Whoever wrongfully confines any person for ten days, or more, shall be punished

with imprisonment of either description for a term which may extend to three years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable

by any Magistrate—Compoundable by the person confined with the permission of

court.

345. Wrongful confinement of person for whose liberation writ has been

issued —

Whoever keeps any person in wrongful confinement, knowing that a writ for the

liberation of that person has been duly issued, shall be punished with

imprisonment of either description for a term which may extend to two years in

addition to any term of imprisonment to which he may be liable under any other

section of this Chapter.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years in addition to imprisonment under any

other section—Cognizable—Bailable—Triable by Magistrate of the first class—

Non-compoundable.

346. Wrongful confinement in secret —

Whoever wrongfully confines any person in such manner as to indicate an

intention that the confinement of such person may not be known to any person

interested in the person so confined, or to any public servant, or that the place of

such confinement may not be known to or discovered by any such person or

public servant as hereinbefore mentioned, shall be punished with imprisonment of

either description for a term which may extend to two years in addition to any other

punishment to which he may be liable for such wrongful confinement.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, in addition to imprisonment under any

other section—Cognizable—Bailable—Triable by Magistrate of the first class—

Compoundable by the person confined with the permission of the court.

347. Wrongful confinement to extort property, or constrain to illegal act —

Whoever wrongfully confines any person for the purpose of extorting from the

person confined, or from any person interested in the person confined, any

property or valuable security or of constraining the person confined or any person

interested in such person to do anything illegal or to give any information which

may facilitate the commission of an offence, shall be punished with imprisonment

of either description for a term which may extend to three years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable

by any Magistrate—Non-compoundable.

348. Wrongful confinement to extort confession, or compel restoration of

property —

Whoever wrongfully confines any person for the purpose of extorting from the

person confined or any person interested in the person confined any confession or

any information which may lead to the detection of an offence or misconduct, or for

the purpose of constraining the person confined or any person interested in the

person confined to restore or to cause the restoration of any property or valuable

security or to satisfy any claim or demand, or to give information which may lead to

the restoration of any property or valuable security, shall be punished with

imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable

by any Magistrate—Non-compoundable.

Of Criminal Force and Assault

349. Force —

A person is said to use force to another if he causes motion, change of motion, or

cessation of motion to that other, or if he causes to any substance such motion, or

change of motion, or cessation of motion as brings that substance into contact with

any part of that other’s body, or with anything which that other is wearing or

carrying, or with anything so situated that such contact affects that other’s sense of

feeling: Provided that the person causing the motion, or change of motion, or

cessation of motion, causes that motion, change of motion, or cessation of motion

in one of the three ways hereinafter described.

First — By his own bodily power.

Secondly — By disposing any substance in such a manner that the motion

or change or cessation of motion takes place without any further act on his

part, or on the part of any other person.

Thirdly — By inducing any animal to move, to change its motion, or to

cease to move.

350. Criminal force —

Whoever intentionally uses force to any person, without that person’s consent, in

order to the committing of any offence, or intending by the use of such force to

cause, or knowing it to be likely that by the use of such force he will cause injury,

fear or annoyance to the person to whom the force is used, is said to use criminal

force to that other.

Illustrations

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus

intentionally causes the boat to drift down the stream. Here A intentionally causes

motion to Z, and he does this by disposing substances in such a manner that the

motion is produced without any other act on any person’s part. A has therefore

intentionally used force to Z; and if he has done so without Z’s consent, in order to

the committing of any offence, or intending or knowing it to be likely that this use of

force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to

quicken their pace. Here Z has caused change of motion to Z by inducing the

animals to change their motion. A has therefore used force to Z; and if A has done

this without Z’s consent, intending or knowing it to be likely that he may thereby

injure, frighten or annoy Z, A has used criminal force to Z.

palanquin. Here A has caused cessation of motion to Z, and he has done this by

his own bodily power. A has therefore used force to Z; and as A has acted thus

intentionally, without Z’s consent, in order to the commission of an offence. A has

used criminal force to Z.

(d) A intentionally pushes against Z in the street. Here A has by his own bodily

power moved his own person so as to bring it into contact with Z. He has therefore

intentionally used force to Z; and if he has done so without Z’s consent, intending

or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has

used criminal force to Z.

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus

brought into contact with Z, or with Z’s clothes, or with something carried by Z, or

that it will strike water and dash up the water against Z’s clothes or something

carried by Z. Here, if the throwing of the stone produce the effect of causing any

substance to come into contact with Z, or Z’s clothes. A has used force to Z; and if

he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he

has criminal force by Z.

(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her,

and if he does so without her consent intending or knowing it to be likely that he

may thereby injure, frighten or annoy her, he has used criminal force to her.

(g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A

intentionally by his own bodily power causes such motion in the boiling water as

brings that water into contact with Z, or with that water so situated that such

contact must affect Z’s sense of feeling ; A has therefore intentionally used force to

Z ; and if he has done this without Z’s consent intending or knowing it to be likely

that he may thereby cause injury, fear, or annoyance to Z, A has used criminal

force.

(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to

cause injury, fear or annoyance to Z, he uses criminal force to Z.

351. Assault —

Whoever makes any gesture, or any preparation intending or knowing it to be

likely that such gesture or preparation will cause any person present to apprehend

that he who makes that gesture or preparation is about to use criminal force to that

person, is said to commit an assault.

Explanation — Mere words do not amount to an assault. But the words which a

person uses may give to his gestures or preparation such a meaning as may make

those gestures or preparations amount to an assault.

Illustrations

(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby

cause Z to believe that A is about to strike Z, A has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to

be likely that he may thereby cause Z to believe that he is about to cause the dog

to attack Z. A has committed an assault upon Z.

words used by A could in no case amount to an assault, and though the mere

gesture, unaccompanied by any other circumstances, might not amount to an

assault, the gesture explained by the words may amount to an assault.

352. Punishment for assault or criminal force otherwise than on grave

provocation —

Whoever assaults or uses criminal force to any person otherwise than on grave

and sudden provocation given by that person, shall be punished with

imprisonment of either description for a term which may extend to three months, or

with fine which may extend to five hundred rupees, or with both.

Explanation — Grave and sudden provocation will not mitigate the punishment for

an offence under this section. if the provocation is sought or voluntarily provoked

by the offender as an excuse for the offence, or if the provocation is given by

anything done in obedience to the law, or by a public servant, in the lawful

exercise of the powers of such public servant, or if the provocation is given by

anything done in the lawful exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate the

offence, is a question of fact.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Non-

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

assaulted or to whom criminal force is used.

353. Assault or criminal force to deter public servant from discharge of his

duty —

Whoever assaults or uses criminal force to any person being a public servant in

the execution of his duty as such public servant, or with intent to prevent or deter

that person from discharging his duty as such public servant, or in consequence of

anything done or attempted to be done by such person in the lawful discharge of

his duty as such public servant, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years ,or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

354. Assault or criminal force to woman with intent to outrage her modesty

—

Whoever assaults or uses criminal force to any woman, intending to outrage or

knowing it to be likely that he will thereby outrage her modesty, shall be punished

with imprisonment of either description for a term which may extend to two years,

or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

355. Assault or criminal force with intent to dishonour person, otherwise

than on grave provocation —

Whoever assaults or uses criminal force to any person, intending thereby to

dishonour that person, otherwise than on grave and sudden provocation given by

that person, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-Cognizable—

Bailable—Triable by any Magistrate—Compounded by the person assaulted or to

whom criminal force is used.

356. Assault or criminal force in attempt to commit theft of property carried

by a person —

Whoever assaults or uses criminal force to any person, in attempting to commit

theft on any property which that person is then wearing or carrying, shall be

punished with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

357. Assault or criminal force in attempt wrongfully to confine a person —

Whoever assaults or uses criminal force to any person, in attempting wrongfully to

confine that person, shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine which may extend to one

thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

assaulted or to whom the force was used with the permission of the court.

358. Assault or criminal force on grave provocation —

Whoever assaults or uses criminal force to any person on grave and sudden

provocation given by that person, shall be punished with simple imprisonment for a

term which may extend to one month, or with fine which may extend to two

hundred rupees, or with both.

Explanation —The last section is subject to the same Explanation as section 352.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for one month, or fine of 200 rupees, or both—

Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the

person assaulted or to whom criminal force is used.

Of Kidnapping, Abduction, Slavery and Forced Labour

359. Kidnapping —

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful

guardianship.

360. Kidnapping from India —

Whoever conveys any person beyond the limits of India without the consent of that

person, or of some person legally authorised to consent on behalf of that person,

is said to kidnap that person from India.

361. Kidnapping from lawful guardianship —

Whoever takes or entices any minor under sixteen years of age if a male, or under

eighteen years of age if a female, or any person of unsound mind, out of the

keeping of the lawful guardian of such minor or person of unsound mind, without

the consent of such guardian, is said to kidnap such minor or person from lawful

guardianship.

Explanation — The words "lawful guardian" in this section include any person

lawfully entrusted with the care of custody of such minor or other person.

Exception — This section does not extend to the act of any person who in good

faith believes himself to be the father of an illegitimate child, or who in good faith

believes himself to be entitled to lawful custody of such child, unless such act is

committed for an immoral or unlawful purpose.

STATE AMENDMENTS

Union of Territory of Manipur:

In its application to Union Territory of Manipur, in section 361 for the words

‘eighteen’ substitute the word ‘fifteen’.

Vide Act No. 30 of 1950.

362. Abduction —

Whoever by force compels, or by any deceitful means induces, any person to go

from any place, is said to abduct that person.

COMMENTS

It is well known that the ingredients of the two offences—‘kidnapping’ and

‘abduction’— are entirely different. These are two distinct offences; Abhaya Jena

v. State of Orissa, (1997) Crimes 531 (Ori).

363. Punishment for kidnapping —

Whoever kidnaps any person from India or from lawful guardianship, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

363A. Kidnapping or maiming a minor for purposes of begging —

(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor,

obtains the custody of the minor, in order that such minor may be employed or

used for the purpose of begging shall be punishable with impriosnment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

(2) Whoever maims any minor in order that such minor can be employed or used

for the purposes of begging shall be punishable with imprisonment for life, and

shall also be liable to fine.

(3) Where any person, not being the lawful guardian of a minor, employs or uses

such minor for the purposes of begging, it shall be presumed, unless the contrary

is proved, that he kidnapped or otherwise obtained the custody of that minor in

order that the minor might be employed or used for the purposes of begging.

(4) In this section, —

(a) "begging’ means—

(i) soliciting or receiving alms in a public place, whether under the

pretence of singing, dancing, fortune-telling, performing tricks or

selling articles or otherwise;

(ii) entering on any private premises for the purpose of soliciting or

receiving alms;

(iii) exposing or exhibiting, with the object of obtaining or extorting

alms, any sore, wound, injury, deformity or disease, whether of

himself or of any other person or of an animal;

(iv) using a minor as an exhibit for the purpose of soliciting or

receiving alms;

(b) "minor’ means—

(i) in the case of a male, a person under sixteen years of age;

and

(ii) in the case of a female, a person under eighteen years of

age.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for life and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

364. Kidnapping or abducting in order to murder —

Whoever kidnaps or abducts any person in order that such person may be

murdered or may be so disposed of as to be put in danger of being murdered,

shall be punished with imprisonment for life or rigorous imprisonment for a term

which may extend to ten years, and shall also be liable to fine.

Illustrations

(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be

sacrificed to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be

murdered. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

364A. Kidnapping for ransom, etc.—

Whoever kidnaps or abducts any person or keeps a person in detention after such

kidnapping of abduction and threatens to cause death or hurt to such person, or by

his conduct gives rise to a reasonable apprehension that such person may be put

to death or hurt, or causes hurt or death to such person in order to compel the

Government or any foreign State or international inter-governmental organisation

or to do or abstain from doing any act or to pay shall be punishable with death, or

imprisonment for life, and shall also be liable to fine.

Classification of Offence

Punishment—Death, or imprisonment for life and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

365. Kidnapping or abducting with intent secretly and wrongfully to confine

person —

Whoever kidnaps or abducts any person with intent to cause that person to be

secretly and wrongfully confined, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

366. Kidnapping, abducting or inducing woman to compel her marriage,

etc.—

Whoever kidnaps or abducts any woman with intent that she may be compelled, or

knowing it to be likely that she will be compelled, to marry any person against her

will, or in order that she may be forced or seduced to illicit intercourse, or knowing

it to be likely that she will be forced or seduced to illicit intercourse, shall be

punished with imprisonment of either description for a term which may extend to

ten years, and shall also be liable to fine; and whoever, by means of criminal

intimidation as defined in this Code or of abuse of authority or any other method of

compulsion, induces any woman to go from any place with intent that she may be,

or knowing that it is likely that she will be, forced or seduced to illicit intercourse

with another person shall be punishable as aforesaid.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

366A. Procuration of minor girl —

Whoever, by any means whatsoever, induces any minor girl under the age of

eighteen years to go from any place or to do any act with intent that such girl may

be, or knowing that it is likely that she will be, forced or seduced to illicit

intercourse with another person shall be punishable with imprisonment which may

extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

367. Kidnapping or abducting in order to subject person to grievous hurt,

slavery, etc.—

Whoever kidnaps or abducts any person in order that such person may be

subjected, or may be so disposed of as to be put in danger of being subject to

grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be

likely that such person will be so subjected or disposed of, shall be punished with

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by court of Session—Non-compoundable.

368. Wrongfully concealing or keeping in confinement, kidnapped or

abducted person —

Whoever, knowing that any person has been kidnapped or has been abducted,

wrongfully conceals or confines such person, shall be punished in the same

manner as if he had kidnapped or abducted such person with the same intention

or knowledge, or for the same purpose as that with or for which he conceals or

detains such person in confinement.

CLASSIFICATION OF OFFENCE

Punishment—Punishment for kidnapping or abduction—Cognizance—Non-

bailable—Triable by court by which the kidnapping or abduction is triable—Non-

compoundable.

369. Kidnapping or abducting child under ten years with intent to steal from

its person —

Whoever kidnaps or abducts any child under the age of ten years with the

intention of taking dishonestly any movable property from the person of such child,

shall be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

370. Buying or disposing of any person as a slave —

Whoever imports, exports, removes, buys, sells or disposes of any person as a

slave, or accepts, receives or detains against his will any person as a slave, shall

be punished with imprisonment of either description for a term which may extend

to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

371. Habitual dealing in slaves —

Whoever habitually imports, exports, removes, buys, sells, traffics or deals in

slaves, shall be punished with imprisonment for life, or with imprisonment of either

description for a term not exceeding ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years, and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

372. Selling minor for purposes of prostitution, etc.—

Whoever sells, lets to hire, or otherwise disposes of any person under the age of

eighteen years with intent that such person shall at any age be employed or used

for the purpose of prostitution or illicit intercourse with any person or for any

unlawful and immoral purpose, or knowing it to be likely that such person will at

any age be employed or used for any such purpose, shall be punished with

imprisonment of either description for a term which may extend to ten years, and

shall be liable to fine.

Explanation I — When a female under the age of eighteen years is sold, let for

hire, or otherwise disposed of to a prostitute or to any person who keeps or

manages a brothel, the person so disposing of such female shall, until the contrary

is proved, be presumed to have disposed of her with the intent that she shall be

used for the purpose of prostitution.

Explanation II — For the purposes of this section "illicit intercourse" means

sexual intercourse between persons not united by marriage or by any union or tie

which, though not amounting to a marriage, is recognised by the personal law or

custom of the community to which they belong or, where they belong to different

communities, of both such communities, as constituting between them a quasi-

marital relation.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

373. Buying minor for purposes of prostitution, etc.—

Whoever buys, hires or otherwise obtains possession of any person under the age

of eighteen years with intent that such person shall at any age be employed or

used for the purpose of prostitution or illicit intercourse with any person or for any

unlawful and immoral purpose, of knowing it to be likely that such person will at

any age be employed or used for any purpose, shall be punished with

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

Explanation I — Any prostitute or any person keeping or managing a brothel, who

buys, hires or otherwise obtains possession of a female under the age of eighteen

years shall, until the contrary is proved, be presumed to have obtained possession

of such female with the intent that she shall be used for the purpose of prostitution.

Explanation II — "Illicit intercourse" has the same meaning as in section 372.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

374. Unlawful compulsory labour —

Whoever unlawfully compels any person to labour against the will of that person,

shall be punished with imprisonment of either description for a term which may

extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

Sexual offences

375. Rape —

A man is said to commit "rape" who, except in the case hereinafter excepted, has

sexual intercourse with a woman under circumstances falling under any of the six

following descriptions:—

First — Against her will.

Secondly — Without her consent.

Thirdly — With her consent, when her consent has been obtained by

putting her or any person in whom she is interested in fear of death or of

hurt.

Fourthly — With her consent, when the man knows that he is not her

husband, and that her consent is given because she believes that he is

another man to whom she is or believes herself to be lawfully married.

Fifthly — With her consent, when, at the time of giving such consent, by

reason of unsoundness of mind or intoxication or the administration by

him personally or through another of any stupefying or unwholesome

substance, she is unable to understand the nature and consequences of

that to which she gives consent.

Sixthly — With or without her consent, when she is under sixteen years

of age.

Explanation — Penetration is sufficient to constitute the sexual intercourse

necessary to the offence of rape.

Exception — Sexual intercourse by a man with his own wife, the wife not being

under fifteen years of age, is not rape.

STATE AMENDMENT

Union Territory of Manipur:

(a) in clause sixthly, for the word "sixteen" substitute the word

"fourteen"; and

(b) in the Exception, for the word "fifteen" substitute the word "thirteen".

Vide Act 30 of 1950.

COMMENTS

Mere absence of spermatozoa cannot cast a doubt on the correctness of the

prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841:

AIR 1989 SC 702.

376. Punishment for rape —

(1) Whoever, except in the cases provided for by sub-section (2), commits rape

shall be punished with imprisonment of either description for a term which shall not

be less than seven years but which may be for life or for a term which may extend

to ten years and shall also be liable to fine unless the women raped is his own wife

and is not under twelve years of age, in which cases, he shall be punished with

imprisonment of either description for a term which may extend to two years or

with fine or with both:

Provided that the court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment for a term of less

than seven years.

(2) Whoever,—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the

police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer

subordinate to him; or

(b) being a public servant, takes advantage of his official position and

commits rape on a woman in his custody as such public servant or in

the custody of a public servant subordinate to him; or

other place of custody established by or under any law for the time

being in force or of a woman’s or children’s institution takes advantage

of his official position and commits rape on any inmate of such jail,

remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes

advantage of his official position and commits rape on a woman in that

hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape,

shall be punished with rigorous imprisonment for a term which shall not be

less than ten years but which may be for life and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in

the judgment, impose a sentence of imprisonment of either description for a term

of less than ten years.

Explanation 1 — Where a woman is raped by one or more in a group of persons

acting in furtherance of their common intention, each of the persons shall be

deemed to have committed gang rape within the meaning of this sub-section.

Explanation 2 — "Women’s or children’s institution" means an institution,

whether called an orphanage or a home for neglected woman or children or a

widows’ home or by any other name, which is established and maintained for the

reception and care of woman or children.

Explanation 3 — "Hospital" means the precincts of the hospital and includes the

precincts of any institution for the reception and treatment of persons during

convalescence or of persons requiring medical attention or rehabilitation.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for life or imprisonment for ten years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

Para II: Punishment—Imprisonment for two years or fine or both—Non-

Cognizable—Bailable—Triable by Court of Session—Non-compoundable.

Comments

(i) Corroborative evidence is not an imperative component of judicial credence in

every case of rape; State of Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2

Crimes 257 (Bom).

(ii) If a woman meekly submits to sexual intercourse it would be a case of consent;

State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).

(iii) Normally a woman would not falsely implicate for the offence of rape at the

cost of her character. In Indian society, it is very unusual that a lady with a view to

implicate a person would go to the extent of stating that she was raped; Madan Lal

v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP).

(iv) When the prosecutrix is a minor aged below 16 years, the question of her

being a consenting party to the sexual intercourse does not arise or is of no

consequence; Naresh v. State of Haryana, (1997) 2 Crimes 587 (P & H).

376A. Intercourse by a man with his wife during separation.—

Whoever has sexual intercourse with his own wife, who is living separately from

him under a decree of separation or under any custom or usage without her

consent shall be punished with imprisonment of either description for a term which

may extend to two years and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for two years and fine—Non cognizable—Bailable—

Triable by Court of Session.—Non-compoundable.

376B. Intercourse by public servant with woman in his custody —

Whoever, being a public servant, takes advantage of his official position and

induces or seduces, any woman, who is in his custody as such public servant or in

the custody of a public servant subordinate to him, to have sexual intercourse with

him, such sexual intercourse not amounting to the offence of rape, shall be

punished with imprisonment of either description for a term which may extend to

five years and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for five years and fine—Cognizable (but no arrest

shall be made without a warrant or without an order of a Magistrate)—Bailable—

Triable by Court of Session—Non-compoundable.

376C. Intercourse by superintendent of jail, remand home, etc.—

Whoever, being the superintendent or manager of a jail, remand home or other

place of custody established by or under any law for the time being in force or of a

woman’s or children’s institution takes advantage of his official position and

induces or seduces any female inmate of such jail, remand home, place or

institution to have sexual intercourse with him, such sexual intercourse not

amounting to the offence of rape, shall be punished with imprisonment of either

description for a term which may extend to five years and shall also be liable to

fine.

Explanation 1 — "Superintendent" in relation to jail, remand home or other place

of custody or a women’s or children’s institution includes a person holding any

other office in such jail, remand home, place or institution by virtue of which he can

exercise any authority or control over its inmates.

Explanation 2 — The expression "women’s or children’s institution" shall have

the same meaning as in Explanation 2 to sub-section (2) of section 376.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for five years and fine—Cognizable (but no arrest

shall be made without a warrant or without an order of a Magistrate)—Bailable—

Triable by Court of Session—Non-compoundable.

376D. Intercourse by any member of the management or staff of a hospital

with any woman in that hospital —

Whoever, being on the management of a hospital or being on the staff of a

hospital takes advantage of his position and has sexual intercourse with any

woman in that hospital, such sexual intercourse not amounting to the offence of

rape, shall be punished with imprisonment of either description for a term which

may extend to five years and shall also be liable to fine.

Explanation —The expression "hospital" shall have the same meaning as in

Explanation 3 to sub-section (2) of section 376.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for five years and fine—Cognizable (but no arrest

shall be made without a warrant or without an order of a Magistrate)—Bailable—

Triable by Court of Session—Non-compoundable.

Of Unnatural Offences

377. Unnatural offences —

Whoever voluntarily has carnal intercourse against the order of nature with any

man, woman or animal, shall be punished with imprisonment for life, or with

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

Explanation — Penetration is sufficient to constitute the carnal intercourse

necessary to the offence described in this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-

compoundable.

CHAPTER XVII - OF OFFENCES AGAINST PROPERTY

Of Theft

378. Theft —

Whoever, intending to take dishonestly any moveable property out of the

possession of any person without that person’s consent, moves that property in

order to such taking, is said to commit theft.

Explanation 1 — A thing so long as it is attached to the earth, not being movable

property, is not the subject of theft; but it becomes capable of being the subject of

theft as soon as it is severed from the earth.

Explanation 2 — A moving effected by the same act which affects the severance

may be a theft.

Explanation 3 — A person is said to cause a thing to move by removing an

obstacle which prevented it from moving or by separating it from any other thing,

as well as by actually moving it.

Explanation 4 — A person, who by any means causes an animal to move, is said

to move that animal, and to move everything which, in consequence of the motion

so caused, is moved by that animal.

Explanation 5 —The consent mentioned in the definition may be express or

implied, and may be given either by the person in possession, or by any person

having for the purpose authority either express or implied.

Illustrations

(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the

tree out of Z’s possession without Z’s consent. Here, as soon as A has severed

the tree in order to such taking, he has committed theft.

(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here,

if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s

consent. A has committed theft as soon as Z’s dog has begun to follow A.

direction, in order that he may dishonestly take the treasure. As soon as the

bullock begins to move, A has committed theft of the treasure.

(d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly

runs away with the plate, without Z’s consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till

Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not

in Z’s possession. It could not therefore be taken out of Z’s possession, and A has

not committed theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the

ring is in Z’s possession, and if A dishonestly removes it, A commits theft.

(g) A finds a ring lying on the highroad, not in the possession of any person. A by

taking it, commits no theft, though he may commit criminal misappropriation of

property.

(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to

misappropriate the ring immediately for fear of search and detection, A hides the

ring in a place where it is highly improbable that it will ever be found by Z, with the

intention of taking the ring from the hiding place and selling it when the loss is

forgotten. Here A, at the time of first moving the ring, commits theft.

(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A,

not owing to the jeweller any debt for which the jeweller might lawfully detain the

watch as a security, enters the shop openly, takes his watch by force out of Z’s

hand, and carries it away. Here A, though he may have committed criminal

trespass and assault, has not committed theft, in as much as what he did was not

done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully

as a security for the debt, and A takes the watch out of Z’s possession, with the

intention of depriving Z of the property as a security for his debt, he commits theft,

in as much as he takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without

Z’s consent, not having paid what he borrowed on the watch, he commits theft,

though the watch is his own property in as much as he takes it dishonestly.

(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with

the intention of keeping it until he obtains money from Z as a reward for its

restoration. Here A takes dishonestly; A has therefore committed theft.

(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and

takes away a book without Z’s express consent for the purpose merely of reading

it, and with the intention of returning it. Here, it is probable that A may have

conceived that he had Z’s implied consent to use Z’s book. If this was A’s

impression, A has not committed theft.

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A

knows to belong to Z her husband. Here it is probable that A may conceive that Z’s

wife is authorised to give away alms. If this was A’s impression, A has not

committed theft.

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to

belong to her husband Z, and to be such property as she has no authority from Z

to give. If A takes the property dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes

that property out of B’s possession. Here, as A does not take dishonestly, he does

not commit theft.

379. Punishment for theft —

Whoever commits theft shall be punished with imprisonment of either description

for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Compoundable by the owner of the property

stolen with the permission of the court.

380. Theft in dwelling house, etc.—

Whoever commits theft in any building, tent or vessel, which building, tent or

vessel is used as a human dwelling, or used for the custody of property, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by any Magistrate—Non-compoundable.

STATE AMENDMENTS

State of Tamil Nadu:

Section 380 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter in this

Part referred to as the principal Act), shall be renumbered as sub-section (1) of

that section and after sub-section (1) as so renumbered, the following sub-section

shall be added, namely:—

"(2) Whoever commits theft in respect of any idol or icon in any building used

as a place of worship shall be punished with rigorous imprisonment for a term

which shall not be less than two years but which may extend to three years and

with fine which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned

in the judgment impose a sentence of imprisonment for a term of less than two

years."

Vide Tamil Nadu Act 28 of 1993, sec. 2.

381. Theft by clerk or servant of property in possession of master —

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or

servant, commits theft in respect of any property in the possession of his master or

employer, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by any Magistrate—Compounded by the owner of the property stolen with

the permission of the court.

382. Theft after preparation made for causing death, hurt or restraint in

order to the committing of the theft —

Whoever commits theft, having made preparation for causing death, or hurt, or

restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the

committing of such theft, or in order to the effecting of his escape after the

committing of such theft, or in order to the retaining of property taken by such theft,

shall be punished with rigorous imprisonment for a term which may extend to ten

years, and shall also be liable to fine.

Illustrations

(a) A commits theft on property in Z’s possession; and, while committing this theft,

he has a loaded pistol under his garment, having provided this pistol for the

purpose of hurting Z in case Z should resist. A has committed the offence defined

in this section.

(b) A picks Z’s pocket, having posted several of his companions near him, in order

that they may restrain Z, if Z should perceive what is passing and should resist, or

should attempt to apprehend A. A has committed the offence defined in this

section.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Of Extortion

383. Extortion —

Whoever intentionally puts any person in fear of any injury to that person, or to any

other, and thereby dishonestly induces the person so put in fear to deliver to any

person any property or valuable security, or anything signed or sealed which may

be converted into a valuable security, commits "extortion".

Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him

money. He thus induces Z to give him money. A has committed extortion.

(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will

sign and deliver to A a promissory note binding Z to pay certain monies to A. Z

signs and delivers the note. A has committed extortion.

deliver to B a bond binding Z under a penalty to deliver certain produce to B, and

thereby induces Z to sign and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his

seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here,

as the paper so signed may be converted into a valuable security. A has

committed extortion.

384. Punishment for extortion —

Whoever commits extortion shall be punished with imprisonment of either

description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable.

385. Putting person in fear of injury in order to commit extortion —

Whoever, in order to the committing of extortion, puts any person in fear, or

attempts to put any person in fear, of any injury, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

386. Extortion by putting a person in fear of death or grievous hurt to —

Whoever commits extortion by putting any person in fear of death or of grievous

hurt o that person or to any other, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

387. Putting person in fear of death or of grievous hurt, in order to commit

extortion —

Whoever, in order to the committing of extortion, puts or attempts to put any

person in fear of death or of grievous hurt to that person or to any other, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

388. Extortion by threat of accusation of an offence punishable with death

or imprisonment for life, etc.—

Whoever commits extortion by putting any person in fear of an accusation against

that person or any other, of having committed or attempted to commit any offence

punishable with death, or with imprisonment for life, or with imprisonment for a

term which may extend to ten years or of having attempted to induce any other

person to commit such offence, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine; and, if the offence be one punishable under section 377 of this Code, may be

punished with imprisonment for life.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

389. Putting person in fear of accusation of offence, in order to commit

extortion —

Whoever, in order to the committing of extortion, puts or attempts to put any

person in fear of an accusation, against that person or any other, of having

committed, or attempted to commit an offence punishable with death or with

imprisonment for life, or with imprisonment for a term which may extend to ten

years, shall be punished with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine; and, if the offence be

punishable under section 377 of this Code, may be punished with imprisonment

for life.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for life—Cognizable—Bailable—Triable by

Magistrate of the first class—Non-compoundable.

Of Robbery and Dacoity

390. Robbery —

In all robbery there is either theft or extortion.

When theft is robbery —Theft is "robbery" if, in order to the committing of the

theft, or in committing the theft, or in carving away or attempting to carry away

property obtained by the theft, the offender, for that end, voluntarily causes or

attempts to cause to any person death or hurt or wrongful restraint, or fear of

instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery —Extortion is "robbery" if the offender, at the time of

committing the extortion, is in the presence of the person put in fear, and commits

the extortion by putting that person in fear of instant death, of instant hurt, or of

instant wrongful restraint to that person or to some other person, and, by so

putting in fear, induces the person so put in fear then and there to deliver up the

thing extorted.

Explanation —The offender is said to be present if he is sufficiently near to put

the other person in fear of instant death, of instant hurt, or of instant wrongful

restraint.

Illustrations

(a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes

without Z’s consent. Here A has committed theft, and in order to the committing of

that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed

robbery.

(b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in

consequence, surrenders his purse. Here A has extorted the purse from Z by

putting him in fear of instant hurt, and being at the time of committing the extortion

in his presence. A has therefore committed robbery.

fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers

his purse. Here A has extorted the purse from Z, by causing Z to be in fear of

instant hurt to the child who is there present. A has therefore committed robbery

on Z.

(d) A obtains property from Z by saying— "Your child is in the hands of my gang,

and will be put to death unless you send us ten thousand rupees". This is

extortion, and punishable as such; but it is not robbery, unless Z is put in fear of

the instant death of his child.

COMMENTS

In order that theft may constitute robbery, prosecution has to establish—

(a) if in order to the committing of theft; or

(b) in committing the theft; or

(d) the offender for that end i.e. any of the ends contemplated by (a) to (c).

(e) voluntarily causes or attempts to cause to any person death or hurt or

wrongful restraint or fear of instant death or of instant hurt or instant

wrongful restraint

In other words, theft would only be robbery if for any of the ends mentioned in (a)

to (c) the offender voluntarily causes or attempts to cause to any person death or

hurt or wrongful restraint or fear of instant death or of instant hurt or instant

wrongful restraint. If the ends does not fall within (a) to (c) but, the offender still

causes or attempts to cause to any person death or hurt or wrongful restraint or

fear of instant death or of instant hurt or instant wrongful restraint, the offence

would not be robbery. That (a) or (b) or (c) have to be read conjunctively with (d)

and

(e). It is only when (a) or (b) or (c) co-exist with (d) and (e) or there is a nexus

between any of them and (d), (e) would amount to robbery; State of Maharashtra

v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

391. Dacoity —

When five or more persons conjointly commit or attempt to commit a robbery, or

where the whole number of persons conjointly committing or attempting to commit

a robbery, and persons present and aiding such commission or attempt, amount to

five or more, every person so committing, attempting or aiding, is said to commit

"dacoity".

COMMENTS

When robbery is either committed or an attempt to commit it is made by five or

more persons then all such persons, who are present or aiding in its commission

or in an attempt to commit it, would commit the offence of dacoity; State of

Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

392. Punishment for robbery —

Whoever commits robbery shall be punished with rigorous imprisonment for a term

which may extend to ten years, and shall also be liable to fine; and, if the robbery

be committed on the highway between sunset and sunrise, the imprisonment may

be extended to fourteen years.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—

Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Rigorous imprisonment for 14 years, and fine—

Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

393. Attempt to commit robbery —

Whoever attempts to commit robbery shall be punished with rigorous

imprisonment for a term which may extend to seven years, and shall also be liable

to fine.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

394. Voluntarily causing hurt in committing robbery —

If any person, in committing or in attempting to commit robbery, voluntarily causes

hurt, such person, and any other person jointly concerned in committing or

attempting to commit such robbery, shall be punished with imprisonment for life, or

with rigorous imprisonment for a term which may extend to ten years, and shall

also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

Comments

Not only the person who actually causes hurt but an associate of his/her would

equally be liable for the mischief contemplated by this section; Shravan Dashrath

Darange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom).

395. Punishment for dacoity —

Whoever commits dacoity shall be punished with imprisonment for life, or with

rigorous imprisonment for a term which may extend to ten years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

396. Dacoity with murder —

If any one of five or more persons, who are conjointly committing dacoity, commits

murder in so committing dacoity, every one of those persons shall be punished

with death, or imprisonment for life, or rigorous imprisonment for a term which may

extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Death, imprisonment for life, or rigorous imprisonment for 10 years

and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

COMMENTS

When prosecution failed to establish any nexus between death and commission of

dacoity charge under section 396 will fail; Wakil Singh v. State of Bihar, (1981)

BLJ 462.

397. Robbery, or dacoity, with attempt to cause death or grievous hurt —

If, at the time of committing robbery or dacoity, the offender uses any deadly

weapon, or causes grievous hurt to any person, or attempts to cause death or

grievous hurt to any person, the imprisonment with which such offender shall be

punished shall not be less than seven years.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—

Non-bailable—Triable by Court of Session—Non-compoundable.

COMMENTS

(i) An act would only fall within the mischief of this section if at the time of

committing robbery or dacoity the offender—

(a) uses any deadly weapon; or

(b) causes grievous hurt to any person; or

c) attempts to cause death or grievous hurt to any person; Shravan

Dashrath Datrange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom).

(ii) There can be no quarrel that knife is a deadly weapon within the meaning of

section 397; State of Maharashtra v. Vinayak Tukaram Utekar, (1997) 2 Crimes

615 (Bom).

(iii) When identification of articles alleged to have been recovered from accused is

not properly proved nor victim could identify accused in identification parade or in

court accused cannot be convicted under section 397; Bhurekhan v. State of

Madhya Pradesh, AIR 1982 SC 948 : (1982) Cr LJ 818: (1982) 1 SCC 174 : (1982)

SCC (Cr) 128.

398. Attempt to commit robbery or dacoity when armed with deadly weapon

—

If, at the time of attempting to commit robbery or dacoity, the offender is armed

with any deadly weapon, the imprisonment with which such offender shall be

punished shall not be less than seven years.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—

Non-bailable—Triable by Court of Session—Non-compoundable.

399. Making preparation to commit dacoity —

Whoever makes, any preparation for committing dacoity, shall be punished with

rigorous imprisonment for a term which may extend to ten years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

400. Punishment for belonging to gang of dacoits —

Whoever, at any time after the passing of this Act, shall belong to a gang of

persons associated for the purpose of habitually committing dacoity, shall be

punished with imprisonment for life, or with rigorous imprisonment for a term which

may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

401. Punishment for belonging to gang of thieves —

Whoever, at any time after the passing of this Act, shall belong to any wandering

or other gang of persons associated for the purpose of habitually committing theft

or robbery, and not being a gang of thugs or dacoits, shall be punished with

rigorous imprisonment for a term which may extend to seven years, and shall also

be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

402. Assembling for purpose of committing dacoity —

Whoever, at any time after the passing of this Act, shall be one of five or more

persons assembled for the purpose of committing dacoity, shall be punished with

rigorous imprisonment for a term which may extend to seven years, and shall also

be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 7 years and fine—Cognizable—Non-

bailable—Triable by Court of Session—Non-compoundable.

Of Criminal Misappropriation of Property

403. Dishonest misappropriation of property —

Whoever dishonestly misappropriates or converts to his own use any movable

property, shall be punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both.

Illustrations

(a) A takes property belonging to Z out of Z’s possession, in good faith, believing,

at any time when he takes it, that the property belongs to himself. A is not guilty of

theft; but if A, after discovering his mistake, dishonestly appropriates the property

to his own use, he is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and

takes away a book without Z’s express consent. Here, if A was under the

impression that he had Z’s implied consent to take the book for the purpose of

reading it, A has not committed theft. But, if A afterwards sells the book for his own

benefit, he is guilty of an offence under this section.

possession, intending to use it. Here, as A has a right to use the horse, he does

not dishonestly misappropriate it. But, if A sells the horse and appropriates the

whole proceeds to his own use, he is guilty of an offence under this section.

Explanation I —A dishonest misappropriation for a time only is a misappropriation

with the meaning of this section.

Illustration

A finds a Government promissory note belonging to Z, bearing a blank

endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a

security for a loan, intending at a future time to restore it to Z. A has committed an

offence under this section.

Explanation 2 — A person who finds property not in the possession of any other

person, and takes such property for the purpose of protecting if for, or of restoring

it to, the owner does not take or misappropriate it dishonestly, and is not guilty of

an offence; but he is guilty of the offence above defined, if he appropriates it to his

own use, when he knows or has the means of discovering the owner, or before he

has used reasonable means to discover and give notice to the owner and has kept

the property a reasonable time to enable the owner to claim it.

What are reasonable means or what is a reasonable time in such a case, is

a question of fact.

It is not necessary that the finder should know who is the owner of the

property, or that any particular person is the owner of it; it is sufficient if, at the time

of appropriating it, he does not believe it to be his own property, or in good faith

believe that the real owner cannot be found.

Illustrations

(a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A

picks up the rupee. Here A has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From the direction and

contents of the letter he learns to whom the note belongs. He appropriates the

note. He is guilty of an offence under this section.

person who has lost the cheque. But the name of the person, who has drawn the

cheque, appears. A knows that this person can direct him to the person in whose

favour the cheque was drawn. A appropriates the cheque without attempting to

discover the owner. He is guilty of an offence under this section.

(d) A sees Z drop his purse with money in it. A picks up the purse with the

intention of restoring it to Z, but afterwards appropriates it to his own use. A has

committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards

discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an

offence under this section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately

without attempting to discover the owner. A is guilty of an offence under this

section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the owner of the property

misappropriated with the permission of the court.

404. Dishonest misappropriation of property possessed by deceased

person at the time of his death —

Whoever dishonestly misappropriates or converts to his own use property,

knowing that such property was in the possession of a deceased person at the

time of that person’s decease, and has not since been in the possession of any

person legally entitled to such possession, shall be punished with imprisonment of

either description for a term which may extend to three years, and shall also be

liable to fine; and if the offender at the time of such person’s decease was

employed by him as a clerk or servant, the imprisonment may extend to seven

years.

Illustration

Z dies in possession of furniture and money. His servant A, before the money

comes into the possession of any person entitled to such possession, dishonestly

misappropriates it. A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Non-Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

If by clerk or person employed by deceased:

Punishment—Imprisonment for 7 years and fine—Non-Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Of Criminal Breach of Trust

405. Criminal breach of trust —

Whoever, being in any manner entrusted with property, or with any dominion over

property, dishonestly misappropriates or converts to his own use that property, or

dishonestly uses or disposes of that property in violation of any direction of law

prescribing the mode in which such trust is to be discharged, or of any legal

contract, express or implied, which he has made touching the discharge of such

trust, or wilfully suffers any other person so to do, commits "criminal breach of

trust".

Explanation 1 —A person, being an employer of an establishment whether

exempted under section 17 of the Employees’ Provident Funds and Miscellaneous

Provisions Act, 1952 (19 of 1952), or not who deducts the employee’s contribution

from the wages payable to the employee for credit to a Provident Fund or Family

Pension Fund established by any law for the time being in force, shall be deemed

to have been entrusted with the amount of the contribution so deducted by him

and if he makes default in the payment of such contribution to the said Fund in

violation of the said law, shall be deemed to have dishonestly used the amount of

the said contribution in violation of a direction of law as aforesaid.

Explanation 2 — A person, being an employer, who deducts the employees’

contribution from the wages payable to the employee for credit to the Employees’

State Insurance Fund held and administered by the Employees’ State Insurance

Corporation established under the Employees’ State Insurance Act, 1948 (34 of

1948), shall be deemed to have been entrusted with the amount of the contribution

so deducted by him and if he makes default in the payment of such contribution to

the said Fund in violation of the said Act, shall be deemed to have dishonestly

used the amount of the said contribution in violation of a direction of law as

aforesaid.

Illustrations

(a) A, being executor to the will of a deceased person, dishonestly disobeys the

law which directs him to divide the effects according to the will, and appropriate

them to his own use. A has committed criminal breach of trust.

(b) A is a warehouse-keeper. Z going on a journey, entrusts his furniture to A,

under a contract that it shall be returned on payment of a stipulated sum for

warehouse room. A dishonestly sells the goods. A has committed criminal breach

of trust.

implied contract between A and Z, that all sums remitted by Z to A shall be

invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with

directions to A to invest the same in Company’s paper. A dishonestly disobeys the

direction and employs the money in his own business. A has committed criminal

breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it

will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s

directions, and buys shares in the Bank of Bengal, for Z, instead of buying

Company’s paper, here, though Z should suffer loss, and should be entitled to

bring a civil action against A, on account of that loss, yet A, not having acted

dishonestly, has not committed criminal breach of trust.

(e) A, a revenue-officer, is entrusted with public money and is either directed by

law, or bound by a contract, express or implied, with the Government, to pay into a

certain treasury all the public money which he holds. A dishonestly appropriates

the money. A has committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A

dishonestly misappropriates the property. A has committed criminal breach of

trust.

406. Punishment for criminal breach of trust —

Whoever commits criminal breach of trust shall be punished with imprisonment of

either description for a term which may extend to three years, or with fine, or with

both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Compoundable by the owner of

the property in respect of which breach of trust has been committed, with the

permission of the court.

407. Criminal breach of trust by carrier, etc.—

Whoever, being entrusted with property as a carrier, wharfinger or warehouse-

keeper, commits criminal breach of trust in respect of such property, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Compoundable by the owner of the

property in respect of which the breach of trust has been committed with the

permission of the court.

408. Criminal breach of trust by clerk or servant —

Whoever, being a clerk or servant or employed as a clerk or servant, and being in

any manner entrusted in such capacity with property, or with any dominion over

property, commits criminal breach of trust in respect of that property, shall be

punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Compounded by the owner of the property

in respect of which the breach of trust has been committed with the permission of

the court.

409. Criminal breach of trust by public servant, or by banker, merchant or

agent.—

Whoever, being in any manner entrusted with property, or with any dominion over

property in his capacity of a public servant or in the way of his business as a

banker, merchant, factor, broker, attorney or agent, commits criminal breach of

trust in respect of that property, shall be punished with imprisonment for life, or

with imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

Of the Receiving of Stolen Property

410. Stolen Property —

Property, the possession whereof has been transferred by theft, or by extortion, or

by robbery, and property which has been criminally misappropriated or in respect

of which criminal breach of trust has been committed, is designed as "stolen

property", whether the transfer has been made, or the misappropriation or breach

of trust has been committed, within or without India. But, if such property

subsequently comes into the possession of a person legally entitled to the

possession thereof, it then ceases to be stolen property.

411. Dishonestly receiving stolen property —

Whoever dishonestly receives or retains any stolen property, knowing or having

reason to believe the same to be stolen property, shall be punished with

imprisonment of either description for a term which may extend to three years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Compoundable by the owner of the property

stolen with the permission of the court.

STATE AMENDMENT

State of Tamil Nadu:

Section 411 of principal Act shall be renumbered as sub-section (1) of that section

and after sub-section (1) as so renumbered, the following sub-section shall be

added, namely:—

"(2) Whoever dishonestly receives or retains any idol or icon stolen from any

building used as a place of worship knowing or having reason to believe the

same to be stolen property shall, notwithstanding anything contained in sub-

section (1), be punished with rigorous imprisonment which shall not be less

than two years but which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned

in the judgment, impose a sentence of imprisonment for a term of less than two

years.".

Vide Tamil Nadu Act 28 of 1993, section 3.

412. Dishonestly receiving property stolen in the commission of a dacoity —

Whoever dishonestly receives or retains any stolen property, the possession

whereof he knows or has reason to believe to have been transferred by the

commission of dacoity, or dishonestly receives from a person, whom he knows or

has reason to believe to belong or to have belonged to a gang of dacoits, property

which he knows or has reason to believe to have been stolen, shall be punished

with imprisonment for life, or with rigorous imprisonment for a term which may

extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

Comments

When articles were received soon after dacoity and proved to have been stolen in

dacoity, offence falls under section 412 and not under section 395; Amar Singh v.

State of Madhya Pradesh, AIR 1982 SC 129 : (1982) Cr LJ 610.

413. Habitually dealing in stolen property —

Whoever habitually receives or deals in property which he knows or has reason to

believe to be stolen property, shall be punished with imprisonment for life, or with

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

414. Assisting in concealment of stolen property —

Whoever voluntarily assists in concealing or disposing of or making away with

property which he knows or has reason to believe to be stolen property, shall be

punished with imprisonment of either description for a term which may extend to

three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Compounded by the owner of the property

stolen with the permission of the court.

Of Cheating

415. Cheating —

Whoever, by deceiving any person, fraudulently or dishonestly induces the person

so deceived to deliver any property to any person, or to consent that any person

shall retain any property, or intentionally induces the person so deceived to do or

omit to do anything which he would not do or omit if he were not so deceived, and

which act or omission causes or is likely to cause damage or harm to that person

in body, mind, reputation or property, is said to "cheat".

Explanation—A dishonest concealment of facts is a deception within the meaning

of this section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and

thus dishonestly induces Z to let him have on credit goods for which he does not

mean to pay. A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a

belief that this article was made by a certain celebrated manufacturer, and thus

dishonestly induces Z to buy and pay for the article. A cheats.

believing that the article corresponds with the sample, and thereby, dishonestly

induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps

on money, and by which A expects that the bill will be dishonored, intentionally

deceives Z, and thereby dishonestly induces Z to deliver the article, intending not

to pay for it. A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds,

intentionally deceives Z, and thereby dishonestly induces Z to lend money. A

cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z

may led to him and thereby dishonestly induces Z to lend him money. A not

intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain

quantity of indigo plant which he does not intend to deliver, and thereby

dishonestly induces Z to advance money upon the faith of such delivery. A cheats;

but if A, at the time of obtaining the money, intends to deliver the indigo plant, and

afterwards breaks his contract and does not deliver it, he does not cheat, but is

liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A’s part of a

contract made with Z, which he has not performed, and thereby dishonestly

induces Z to pay money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in consequence of such

sale he has no right to the property, sells or mortgages the same to Z, without

disclosing the fact of the previous sale and conveyance to B, and receives the

purchase or mortgage money for Z. A cheats.

416. Cheating by personation —

A person is said to "cheat by personation" if he cheats by pretending to be some

other person, or by knowingly substituting one person for another, or representing

that he or any other person is a person other than he or such other person really

is.

Explanation —The offence is committed whether the individual personated is a

real or imaginary person.

Illustration

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats

by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by

personation.

417. Punishment for cheating —

Whoever cheats shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person cheated with

the permission of the court.

418. Cheating with knowledge that wrongful loss may ensue to person

whose interest offender is bound to protect —

Whoever cheats with the knowledge that he is likely thereby to cause wrongful

loss to a person whose interest in the transaction to which the cheating relates, he

was bound, either by law, or by a legal contract, to protect, shall be punished with

imprisonment of either description for a term which may extend to three years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person cheated with

the permission of the court.

419. Punishment for cheating by personation —

Whoever cheats by personation shall be punished with imprisonment of either

description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Compoundable by the person cheated with the

permission of the court.

420. Cheating and dishonestly inducing delivery of property —

Whoever cheats and thereby dishonestly induces the person deceived to deliver

any property to any person, or to make, alter or destroy the whole or any part of a

valuable security, or anything which is signed or sealed, and which is capable of

being converted into a valuable security, shall be punished with imprisonment of

either description for a term which may extend to seven years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Compoundable by the person cheated with

the permission of the court.

Of Fraudulent Deeds and Disposition of Property

421. Dishonest or fraudulent removal or concealment of property to prevent

distribution among creditors —

Whoever dishonestly or fraudulently removes, conceals or delivers to any person,

or transfer or causes to be transferred to any person, without adequate

consideration, any property, intending thereby to prevent, or knowing it to be likely

that he will thereby prevent, the distribution of that property according to law

among his creditors or the creditors of any other person, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the creditor who are

affected thereby with the permission of the court

422. Dishonestly or fraudulently preventing debt being available for creditors

—

Whoever dishonestly or fraudulently prevents any debt or demand due to himself

or to any other person from being made available according to law for payment of

his debts or the debts of such other person, shall be punished with imprisonment

of either description for a term which may extend to two years, or with fine, or with

both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the creditors who are

affected thereby with the permission of the court.

423. Dishonest or fraudulent execution of deed of transfer containing false

statement of consideration —

Whoever dishonestly or fraudulently signs, executes or becomes a party to any

deed or instrument which purports to transfer or subject to any charge any

property, or any interest therein, and which contains any false statement relating to

the consideration for such transfer or charge, or relating to the person or persons

for whose use or benefit it is really intended to operate, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person affected

thereby with the permission of the court.

424. Dishonest or fraudulent removal or concealment of property —

Whoever dishonestly or fraudulently conceals or removes any property of himself

or any other person, or dishonestly or fraudulently assists in the concealment or

removal thereof, or dishonestly releases any demand or claim to which he is

entitled, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person affected

thereby with the permission of the court.

Of Mischief

425. Mischief

Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss

or damage to the public or to any person, causes the destruction of any property,

or any such change in any property or in the situation thereof as destroys or

diminishes its value or utility, or affects it injuriously, commits "mischief".

Explanation 1—It is not essential to the offence of mischief that the offender

should intend to cause loss or damage to the owner of the property injured or

destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause,

wrongful loss or damage to any person by injuring any property, whether it belongs

to that person or not.

Explanation 2—Mischief may be committed by an act affecting property belonging

to the person who commits the act, or to that person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging to Z intending to cause

wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to

melt, intending wrongful loss to Z. A has committed mischief.

thereby causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy

a debt due from him to Z, destroys those effects, with the intention of thereby

preventing Z from obtaining satisfaction of the debt, and of thus causing damage

to Z. A has committed mischief.

(e) A, having insured a ship, voluntarily causes the same to be cast away, with the

intention of causing damage to the under-writers. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who

has lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby

to cause wrongful loss to Z. A has committed mischief.

(h) A causes cattle to enter upon a field belonging to Z, intending to cause and

knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

426. Punishment for mischief —

Whoever commits mischief shall be punished with imprisonment of either

description for a term which may extend to three months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person to whom the

loss or damage is caused.

427. Mischief causing damage to the amount of fifty rupees —

Whoever commits mischief and thereby causes loss or damage to the amount of

fifty rupees or upwards, shall be punished with imprisonment of either description

for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person to whom the

loss or damage is caused.

428. Mischief by killing or maiming animal of the value of ten rupees .—

Whoever commits mischief by killing, poisoning, maiming or rendering useless any

animal or animals of the value of ten rupees or upwards, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Compoundable by the owner of the animal with the

permission of the court.

429. Mischief by killing or maiming cattle, etc., of any value or any animal of

the value of fifty rupees —

Whoever commits mischief by killing, poisoning, maiming or rendering useless,

any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the

value thereof, or any other animal of the value of fifty rupees or upwards, shall be

punished with imprisonment of either description for a term which may extend to

five years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate of the first class—Compoundable by the owner of the

cattle or animal with the permission of the court.

430. Mischief by injury to works of irrigation or by wrongfully diverting water

—

Whoever commits mischief by doing any act which causes, or which he knows to

be likely to cause, a diminution of the supply of water for agricultural purposes, or

for food or drink for human beings or for animals which are property, or for

cleanliness or for carrying on any manufacture, shall be punished with

imprisonment of either description for a term which may extend to five years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Compoundable by the person to whom the

loss or damage is caused with the permission of the court.

431. Mischief by injury to public road, bridge, river or channel —

Whoever commits mischief by doing any act which renders or which he knows to

be likely to render any public road, bridge, navigable river or navigable channel,

natural or artificial, impassable or less safe for travelling or conveying property,

shall be punished with imprisonment of either description for a term which may

extend to five years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

432. Mischief by causing inundation or obstruction to public drainage

attended with damage —

Whoever commits mischief by doing any act which causes or which he knows to

be likely to cause an inundation or an obstruction to any public drainage attended

with injury or damage, shall be punished with imprisonment of either description

for a term which may extend to five years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

433. Mischief by destroying, moving or rendering less useful a light-house or

sea-mark.—

Whoever commits mischief by destroying or moving any light-house or other light

used as a sea-mark or any sea-mark or buoy or other thing placed as a guide for

navigators, or by any act which renders any such light-house, sea-mark, buoy or

other such thing as aforesaid less useful as a guide for navigators, shall be

punished with imprisonment of either description for a term which may extend to

seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

434. Mischief by destroying or moving, etc., a land-mark fixed by public

authority —

Whoever commits mischief by destroying or moving any land-mark fixed by the

authority of a public servant, or by any act which renders such land-mark less

useful as such, shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable

435. Mischief by fire or explosive substance with intent to cause damage to

amount of one hundred or (in case of agricultural produce) ten rupees —

Whoever commits mischief by fire or any explosive substance intending to cause,

or knowing it to be likely that he will thereby cause, damage to any property to the

amount of one hundred rupees or upwards or (where the property is agricultural

produce) ten rupees or upwards, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

436. Mischief by fire or explosive substance with intent to destroy house,

etc.—

Whoever commits mischief by fire or any explosive substance, intending to cause,

or knowing it to be likely that he will thereby cause, the destruction of any building

which is ordinarily used as a place of worship or as a human dwelling or as a place

for the custody of property, shall be punished with imprisonment for life, or with

imprisonment of either description for a term which may extend to ten years, and

shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

437. Mischief with intent to destroy or make unsafe a decked vessel or one

of twenty tons burden —

Whoever commits mischief to any decked vessel or any vessel of a burden of

twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be

likely that he will thereby destroy or render unsafe, that vessel, shall be punished

with imprisonment of either description for a term which may extend to ten years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

438. Punishment for the mischief described in section 437 committed by fire

or explosive substance —

Whoever commits, or attempts to commit, by fire or any explosive substance, such

mischief as is described in the last preceding section, shall be punished with

imprisonment for life, or with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

439. Punishment for intentionally running vessel agground or ashore with

intent to commit theft, etc.—

Whoever intentionally runs any vessel aground or ashore, intending to commit

theft of any property contained therein or to dishonestly misappropriate any such

property, or with intent that such theft or misappropriation of property may be

committed, shall be punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

440. Mischief committed after preparation made for causing death or hurt.—

Whoever commits mischief, having made preparation for causing to any person

death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful

restraint, shall be punished with imprisonment of either description for a term

which may extend to five years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

Of Criminal Trespass

441. Criminal trespass —

Whoever enters into or upon property in the possession of another with intent to

commit an offence or to intimidate, insult or annoy any person in possession of

such property, or having lawfully entered into or upon such property, unlawfully

remains there with intent thereby to intimidate, insult or annoy any such person, or

with intent to commit an offence,

is said to commit "criminal trespass".

STATE AMENDMENT

State of Uttar Pradesh:

For section 441, substitute the following :—

"441. Criminal Trespass — Whoever enters into or upon property in

possession of another with intent to commit an offence or to intimidate,

insult or annoy and person in possession of such property, or having

lawfully entered into or upon such property, unlawfully remains therewith

intent thereby to intimidate, insult or annoy any such person, or with intent

to commit an offence, or, having entered into or upon such property,

whether before or after the coming into force of the Criminal Law (U.P.

Amendment) Act, 1961, with the intention of taking unauthorised

possession or making unauthorised use of such property fails to withdraw

from such property or its possession or use, when called upon to do so by

that another person by notice in writing, duly served upon him, by the date

specified in the notice, is said to commit "criminal trepass".

Vide U.P. Act No. 31 of 1961, section 2.

442. House trespass —

Whoever commits criminal trespass by entering into or remaining in any building,

tent or vessel used as a human dwelling or any building used as a place for

worship, or as a place for the custody of property, is said to commit "house-

trespass".

Explanation— The introduction of any part of the criminal trespasser’s body is

entering sufficient to constitute house-trespass.

443. Lurking house-trespass —

Whoever commits house-trespass having taken precautions to conceal such

house-trespass from some person who has a right to exclude or eject the

trespasser from the building, tent or vessel which is the subject of the trespass, is

said to commit "lurking house-trespass".

444. Lurking house-trespass by night —

Whoever commits lurking house-trespass after sunset and before sunrise, is said

to commit "lurking house-trespass by night".

445. House breaking —

A person is said to commit "house-breaking" who commits house-trespass if he

effects his entrance into the house or any part of it in any of the six ways

hereinafter described; or if, being in the house or any part of it for the purpose of

committing an offence, or, having committed an offence therein, he quits the

house or any part of it in any of such six ways, that is to say: —

First—If he enters or quits through a passage by himself, or by any abettor

of the house-trespass, in order to the committing of the house-trespass.

Secondly—If he enters or quits through any passage not intended by any

person, other than himself or an abettor of the offence, for human entrance;

or through any passage to which he has obtained access by scaling or

climbing over any wall or building.

Thirdly —If he enters or quits through any passage which he or any abettor

of the house-trespass has opened, in order to the committing of the house-

trespass by any means by which that passage was not intended by the

occupier of the house to be opened.

Fourthly —If he enters or quits by opening any lock in order to the

committing of the house-trespass, or in order to the quitting of the house

after a house-trespass.

Fifthly —If he effects his entrance or departure by using criminal force or

committing an assault or by threatening any person with assault.

Sixthly —If he enters or quits by any passage which he knows to have

been fastened against such entrance or departure, and to have been

unfastened by himself or by an abettor of the house-trespass.

Explanation—Any out-house or building occupied with a house, and between

which and such house there is an immediate internal communication, is part of the

house within the meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z’s house, and

putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between

decks. This is house-breaking.

house-breaking.

(d) A commits house-trespass by entering Z’s house through the door, having

opened a door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Z’s house through the door, having

lifted a latch by putting a wire through a hole in the door. This is house-breaking.

(f) A finds the key of Z’s house door, which Z had lost, and commits house-

trespass by entering Z’s house, having opened the door with that key. This is

house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z down, and

commits house-trespass by entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass

by entering the house, having deterred Z from opposing him by threatening to beat

him. This is house-breaking.

446. House-breaking by night —

Whoever commits house-breaking after sunset and before sunrise, is said to

commit "house-breaking by night".

447. Punishment for criminal trespass —

Whoever commits criminal trespass shall be punished with imprisonment of either

description for a term which may extend to three months, with fine or which may

extend to five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

in possession of the property trespassed upon.

Comments

Mere vague allegations are not sufficient for conviction under section 498 for

criminal trespass; Bhaskar Chattoraj v. State of West Bengal, (1991) Cr LJ 429

(SC).

448. Punishment for house-trespass —

Whoever commits house-trespass shall be punished with imprisonment of either

description for a term which may extend to one year, or with fine or which may

extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for one year, or fine of 1,000 rupees, or both—

Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

in possession of the property trespassed upon.

449. House-trespass in order to commit offence punishable with death —

Whoever commits house-trespass in order to the committing of any offence

punishable with death, shall be punishable with imprisonment for life, or with

rigorous imprisonment for a term not exceeding ten years, and shall also be liable

to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Court of Session—Non-

compoundable.

450. House-trespass in order to commit offence punishable with

imprisonment for life —

Whoever commits house-trespass in order to the committing of any offence

punishable with imprisonment for life, shall be punished with imprisonment of

either description for a term not exceeding ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable.

451. House-trespass in order to commit offence punishable with

imprisonment —

Whoever commits house-trespass in order to the committing of any offence

punishable with imprisonment, shall be punished with imprisonment of either

description for a term which may extend to two years, and shall also be liable to

fine; and if the offence intended to be committed is theft, the term of the

imprisonment may be extended to seven years.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 2 years and fine—Cognizable—Bailable—

Triable by any Magistrate.

Para II: Punishment—Imprisonment for 7 years and fine—Cognizable—Non-

bailable—Triable by any Magistrate—Compoundable by the person in possession

of the house trespassed upon with the permission of the court.

452. House-trespass after preparation for hurt, assault or wrongful restraint

—

Whoever commits house-trespass, having made preparation for causing hurt to

any person or for assaulting any person, or for wrongfully restraining any person,

or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall

be punished with imprisonment of either description for a term which may extend

to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by any Magistrate—Non-compoundable.

453. Punishment for lurking house-trespass or house-breaking —

Whoever commits lurking house-trespass or house-breaking, shall be punished

with imprisonment of either description for a term which may extend to two years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years and fine—Cognizable—Non-bailable—

Triable by any Magistrate—Non-compoundable.

454. Lurking house-trespass or house-breaking in order to commit offence

punishable with imprisonment —

Whoever commits lurking house-trespass or house-breaking, in order to the

committing of any offence punishable with imprisonment, shall be punished with

imprisonment of either description for a term which may extend to three years, and

shall also be liable to fine; and if the offence intended to be committed is theft, the

term of the imprisonment may be extended to ten years.

CLASSIFICATION OF OFFENCE

Para I : Punishment—Imprisonment for 3 years and fine—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable.

Para II : Punishment—Imprisonment for 10 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compounded.

STATE AMENDMENT

State of Tamil Nadu:

Section 454 of the principal Act shall be renumbered as sub-section (1) of that

section and after sub-section (1) as so renumbered, the following sub-section shall

be added, namely:—

"(2) Whoever commits lurking house-trespass or house-breaking in any

building used as a place of worship, in order to the committing of the offence of

theft of any idol or icon from such building, shall notwithstanding anything

contained in sub-section (1), be punished with rigorous imprisonment which

shall not be less than three years but which may extend to ten years and with

fine which shall not be less than five thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned

in the judgment, impose a sentence of imprisonment for a term of less than

three years".

Vide Tamil Nadu Act No. 28 of 1993, section 4.

455. Lurking house-trespass or house-breaking after preparation for hurt,

assault or wrongful restraint —

Whoever commits lurking house-trespass, or house-breaking, having made

preparation for causing hurt to any person, or for assaulting any person, or for

wrongfully restraining any person, or for putting any person in fear of hurt, or of

assault, or of wrongful restraint, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

456. Punishment for lurking house-trespass or house-breaking by night —

Whoever commits lurking house-trespass by night, or house-breaking by night,

shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable—

Triable by any Magistrate—Non-compoundable.

457. Lurking house-trespass or house-breaking by night in order to commit

offence punishable with imprisonment —

Whoever commits lurking house-trespass by night, or house-breaking by night, in

order to the committing of any offence punishable with imprisonment, shall be

punished with imprisonment of either description for a term which may extend to

five years, and shall also be liable to fine; and, if the offence intended to be

committed is theft, the term of the imprisonment may be extended to fourteen

years.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 5 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 14 years and fine—Cognizable—Non-

bailable—Triable by Magistrate of the first class.

STATE AMENDMENT

State of Tamil Nadu:

Section 457 of the principal Act shall be renumbered as sub-section (1) of that

section and after sub-section (1) as so renumbered, the following sub-section shall

be added, namely:—

"(2) Whoever commits lurking house-trespass by night or house-breaking by

night in any building used as a place of worship, in order to the committing of

the offence of theft of any idol or icon from such building, shall, notwithstanding

anything contained in sub-section (1), be punished with rigorous imprisonment

which shall not be less than three years but which may extend to fourteen

years and with fine which shall not be less than five thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned

in the judgment, impose a sentence of imprisonment for a term of less than

three years".

Vide Tamil Nadu Act No. 28 of 1993, section 5.

458. Lurking house-trespass or house-breaking by night after preparation for

hurt, assault, or wrongful restraint —

Whoever commits lurking house-trespass by night, or house-breaking by night,

having made preparation for causing hurt to any person or for assaulting any

person, or for wrongfully restraining any person, or for putting any person in fear of

hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of

either description for a term which may extend to fourteen years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 14 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

459. Grievous hurt caused whilst committing lurking house trespass or

house-breaking —

Whoever, whilst committing lurking house-trespass or house-breaking, causes

grievous hurt to any person or attempts to cause death or grievous hurt to any

person, shall be punished with imprisonment for life, or imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

460. All persons jointly concerned in lurking house-trespass or house-

breaking by night punishable where death or grievous hurt caused by one of

them —

If, at the time of the committing of lurking house-trespass by night or house-

breaking by night, any person guilty of such offence shall voluntarily cause or

attempt to cause death or grievous hurt to any person, every person jointly

concerned in committing such lurking house-trespass by night or house-breaking

by night, shall be punished with imprisonment for life, or with imprisonment of

either description for a term which may extend to ten years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

461. Dishonestly breaking open receptacle containing property —

Whoever dishonestly or with intent to commit mischief, breaks open or unfastens

any closed receptacle which contains or which he believes to contain property,

shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

462. Punishment for same offence when committed by person entrusted with

custody —

Whoever, being entrusted with any closed receptacle which contains or which he

believes to contain property, without having authority to open the same,

dishonestly, or with intent to commit mischief, breaks open or unfastens that

receptacle, shall be punished with imprisonment of either description for a term

which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

CHAPTER XVIII - OF OFFENCES RELATING TO DOCUMENTS AND TO

PROPERTY MARKS

463. Forgery —

Whoever makes any false documents or part of a document with intent to cause

damage or injury, to the public or to any person, or to support any claim or title, or

to cause any person to part with property, or to enter into any express or implied

contract, or with intent to commit fraud or that fraud may be committed, commits

forgery.

464. Making a false document —

A person is said to make a false document—

First — Who dishonestly or fraudulently makes, signs, seals or executes a

document or part of a document, or makes any mark denoting the execution of a

document, with the intention of causing it to be believed that such document or

part of a document was made, signed, sealed or executed by or by the authority of

a person by whom or by whose authority he knows that it was not made, signed,

sealed or executed, or at a time at which he knows that it was not made, signed,

sealed or executed; or

Secondly— Who, without lawful authority, dishonestly or fraudulently, by

cancellation or otherwise, alters a document in any material part thereof, after it

has been made or executed either by himself or by any other person, whether

such person be living or dead at the time of such alteration; or

Thirdly — Who dishonestly or fraudulently causes any person to sign, seal,

execute or alter a document, knowing that such person by reason of unsoundness

of mind or intoxication cannot, or that by reason of deception practised upon him,

he does not know the contents of the document or the nature of the alteration.

Illustrations

(a) A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to

defraud B, adds a cipher to the 10,000, and makes the sum 1,00,000 intending

that it may be delivered by B that Z so wrote the letter. A has committed forgery.

(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a

conveyance of an estate from Z to A, with the intention to selling the estate to B,

and thereby of obtaining from B the purchase-money. A has committed forgery.

any sum having been inserted in the cheque. A fraudulently fills up the cheque by

inserting the sum of ten thousand rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without

inserting the sum payable and authorizes B to fill up the cheque by inserting a sum

not exceeding ten thousand rupees for the purpose of making certain payment. B

fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B

commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B’s authority,

intending to discount it as a genuine bill with a banker and intending to take up the

bill on its maturity. Here, as A draws the bill with intent to deceive the banker by

leading him to suppose that he had the security of B, and thereby to discount the

bill, A is guilty of forgery.

(f) Z’s will contains the these words—"I direct that all my remaining property be

equally divided between A, B and C." A dishonestly scratches out B’s name,

intending that it may be believed that the whole was left to himself and C. A has

committed forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his

order by writing on the bill the words "Pay to Z or his order" and signing the

endorsement. B dishonestly erases the words "Pay to Z or his order", and thereby

converts the special endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his

estate, executes a conveyance of the same estate to B, dated six months earlier

than the date of the conveyance to Z, intending it to be believed that he had

conveyed the estate to B before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee from the

legatee named by Z, and by representing to Z that he has prepared the will

according to his instructions, induces Z to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A

is a man of good character and in distressed circumstances from unforeseen

misfortune, intending by means of such letter to obtain alms from Z and other

persons. Here, as A made a false document in order to induce Z to part with

property. A has committed forgery.

(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s

character, intending thereby to obtain employment under Z. A has committed

forgery in as much as he intended to deceive Z by the forged certificate, and

thereby to induce Z to enter into an express or implied contract for service.

Explanation 1 —A man’s signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed

that the bill was drawn by another person of the same name. A has committed

forgery.

(b) A writes the word "accepted" on a piece of paper and signs it with Z’s name, in

order that B may afterwards write on the paper a bill of exchange drawn by B upon

Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery;

and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention,

B is also guilty of forgery.

same name. A endorses the bill in his own name, intending to cause it to be

believed that it was endorsed by the person whose order it was payable; here A

has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the

seizure of the estate, in collusion with Z, executes a lease of the estate of Z at a

nominal rent and for a long period and dates the lease six months prior to the

seizure, with intent to defraud A, and to cause it to be believed that the lease was

granted before the seizure. B, though he executes the lease in his own name,

commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit,

and with intent to defraud his creditors; and in order to give a colour to the

transaction, writes a promissory note binding himself to pay to B a sum for value

received, and antedates the note, intending that it may be believed to have been

made before. A was on the point of insolvency. A has committed forgery under the

first head of the definition.

Explanation 2— The making of a false document in the name of a fictitious

person, intending it to be believed that the document was made by a real person,

or in the name of a deceased person, intending it to be believed that the document

was made by the person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the

bill in the name of such fictitious person with intent to negotiate it. A commits

forgery.

465. Punishment for forgery —

Whoever commits forgery shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

466. Forgery of record of court or of public register, etc.—

Whoever forges a document, purporting to be a record or proceeding of or in a

Court of Justice, or a register of birth, baptism, marriage or burial, or a register

kept by a public servant as such, or a certificate or document purporting to be

made by a public servant in his official capacity, or an authority to institute or

defend a suit, or to take any proceedings therein, or to confess judgment, or a

power of attorney, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

467. Forgery of valuable security, will, etc.—

Whoever forges a document which purports to be a valuable security or a will, or

an authority to adopt a son, or which purports to give authority to any person to

make or transfer any valuable security, or to receive the principal, interest or

dividends thereon, or to receive or deliver any money, movable property, or

valuable security, or any document purporting to be an acquittance or receipt

acknowledging the payment of money, or an acquittance or receipt for the delivery

of any movable property or valuable security, shall be punished with imprisonment

for life, or with imprisonment of either description for a term which may extend to

ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and

fine—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—

Non-compoundable.

Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and

fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

468. Forgery for purpose of cheating —

Whoever commits forgery, intending that the document forged shall be used for

the purpose of cheating, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—-

Triable by Magistrate of the first class—Non-compoundable.

469. Forgery for purpose of harming reputation —

Whoever commits forgery, intending that the document forged shall harm the

reputation of any party, or knowing that it is likely to be used for that purpose, shall

be punished with imprisonment of either description for a term which may extend

to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

470. Forged document —

A false document made wholly or in part by forgery is designated "a forged

document".

471. Using as genuine a forged document —

Whoever fraudulently or dishonestly uses as genuine any document which he

knows or has reason to believe to be a forged document, shall be punished in the

same manner as if he had forged such document.

CLASSIFICATION OF OFFENCE

Punishment—Punishment for forgery of such document—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

472. Making or possessing counterfeit seal, etc., with intent to commit

forgery punishable under section 467 —

Whoever makes or counterfeits any seal, plate or other instrument for making an

impression, intending that the same shall be used for the purpose of committing

any forgery which would be punishable under section 467 of this Code, or, with

such intent, has in his possession any such seal, plate or other instrument,

knowing the same to be counterfeit, shall be punished with imprisonment for life,

or with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—

Cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

473. Making or possessing counterfeit seal, etc., with intent to commit

forgery punishable otherwise —

Whoever makes or counterfeits any seal, plate or other instrument for making an

impression, intending that the same shall be used for the purpose of committing

any forgery which would be punishable under any section of this Chapter other

than section 467, or, with such intent, has in his possession any such seal, plate or

other instrument, knowing the same to be counterfeit, shall be punished with

imprisonment of either description for a term which may extend to seven years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable

by Magistrate of the first class—Non-compoundable.

474. Having possession of document described in section 466 or 467,

knowing it to be forged and intending to use it as genuine —

Whoever has in his possession any document, knowing the same to be forged,

and intending that the same shall fraudulently or dishonestly be used as genuine,

shall, if the document is one of the description mentioned in section 466 of this

Code, be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine; and if the document is one

of the description mentioned in section 467, shall be punished with imprisonment

for life, or with imprisonment of either description, for a term which may extend to

seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for life, or imprisonment for 7 years and fine—

Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

475. Counterfeiting device or mark used for authenticating documents

described in section 467, or possessing counterfeit marked material —

Whoever counterfeits upon, or in the substance of, any material, any device or

mark used for the purpose of authenticating any document described in Section

467 of this Code, intending that such device or mark shall be used for the purpose

of giving the appearance of authenticity to any document then forged or thereafter

to be forged on such material, or who, with such intent, has in his possession any

material upon or in the substance of which any such device or mark has been

counterfeited, shall be punished with imprisonment for life, or with imprisonment of

either description for a term which may extend to seven years, and shall also be

liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

476. Counterfeiting device or mark used for authenticating documents other

than those described in section 467, or possessing counterfeit marked

material —

Whoever counterfeits upon, or in the substance of, any material, any device or

mark used for the purpose of authenticating any document other than the

documents described in section 467 of this Code, intending that such device or

mark shall be used for the purpose of giving the appearance of authenticity to any

document then forged or thereafter to be forged on such material, or who, with

such intent, has in his possession any material upon or in the substance of which

any such device or mark has been counterfeited, shall be punished with

imprisonment of either description for a term which may extend to seven years,

and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or

valuable security —

Whoever fraudulently or dishonestly, or with intent to cause damage or injury to

the public or to any person, cancels, destroys or defaces, or attempts to cancel,

destroy or deface, or secretes or attempts to secrete any document which is or

purports to be a will, or an authority to adopt a son, or any valuable security, or

commits mischief in respect of such documents, shall be punished with

imprisonment for life, or with imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Non-

cognizable—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

477A. Falsification of accounts —

Whoever, being a clerk, officer or servant, or employed or acting in the capacity of

a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters,

mutilates or falsifies any book, paper, writing, valuable security or account which

belongs to or is in the possession of his employer, or has been received by him for

or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets

the making of any false entry in, or omits or alters or abets the omission or

alteration of any material particular from or in, any such book, paper, writing,

valuable security or account, shall be punished with imprisonment of either

description for a term which may extend to seven years, or with fine, or with both.

Explanation—It shall be sufficient in any charge under this section to allege a

general intent to defraud without naming any particular person intended to be

defrauded or specifying any particular sum of money intended to be the subject of

the fraud, or any particular day on which the offence was committed.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

Of Property and Other Marks

478. Trade marks —

Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958, sec. 135 and

Sch. (w.e.f. 25-11-1959).

479. Property mark —

A mark used for denoting that movable property belongs to a particular person is

called a property mark.

480. Using a false trade mark —

Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), sec. 135 and

Sch. (w.e.f 25-11-1959).

481. Using a false property mark —

Whoever marks any movable property or goods or any case, package or other

receptacle containing movable property or goods, or uses any case, package or

other receptacle having any mark thereon, in a manner reasonably calculated to

cause it to be believed that the property or goods so marked, or any property or

goods contained in any such receptacle so marked, belong to a person to whom

they do not belong, is said to use a false property mark.

482. Punishment for using a false property mark —

Whoever uses any false property mark shall, unless he proves that he acted

without intent to defraud, be punished with imprisonment of either description for a

term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person to whom loss

or injury is caused by such use with the permission of the court.

483. Counterfeiting a property mark used by another —

Whoever counterfeits any property mark used by any other person shall be

punished with imprisonment of either description for a term which may extend to

two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person whose trade

or property mark is counterfeited with the permission of the court.

484. Counterfeiting a mark used by a public servant —

Whoever counterfeits any property mark used by a public servant, or any mark

used by a public servant to denote that any property has been manufactured by a

particular person or at a particular time or place, or that the property is of a

particular quality or has passed through a particular office, or that it is entitled to

any exemption, or uses as genuine any such mark knowing the same to be

counterfeited, shall be punished with imprisonment of either description for a term

which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

485. Making or possession of any instrument for counterfeiting a property

mark —

Whoever makes or has in his possession any die, plate or other instrument for the

purpose of counterfeiting a property mark, or has in his possession a property

mark for the purpose of denoting that any goods belong to a person to whom they

do not belong, shall be punished with imprisonment of either description for a term

which may extend to three years or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

486. Selling goods marked with a counterfeit property mark —

Whoever sells, or exposes, or has in possession for sale, any goods or things with

a counterfeit property mark affixed to or impressed upon the same or to or upon

any case, package or other receptacle in which such goods are contained, shall,

unless he proves—

(a) that, having taken all reasonable precautions against committing an

offence against this section, he had at the time of the commission of the

alleged offence no reason to suspect the genuineness of the mark, and

(b) that, on demand made by or on behalf of the prosecutor, he gave all

the information in his power with respect to the persons from whom he

obtained such goods or things, or

be punished with imprisonment of either description for a term which may

extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person whose trade

or property mark is counterfeited with the permission of the court.

487. Making a false mark upon any receptacle containing goods —

Whoever makes any false mark upon any case, package or other receptacle

containing goods, in a manner reasonably calculated to cause any public servant

or any other person to believe that such receptacle contains goods which it does

not contain or that it does not contain goods which it does contain, or that the

goods contained in such receptacle are of a nature or quality different from the real

nature or quality thereof, shall, unless he proves that he acted without intent to

defraud, be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

488. Punishment for making use of any such false mark —

Whoever makes use of any such false mark in any manner prohibited by the last

foregoing section shall, unless he proves that he acted without intent to defraud,

be punished as if he had committed an offence against that section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

489. Tampering with property mark with intent to cause injury –

Whoever removes, destroys, defaces or adds to any property mark, intending or

knowing it to be likely that he may thereby cause injury to any person, shall be

punished with imprisonment of either description for a term which may extend to

one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Non-compoundable.

Of Currency-Notes and Bank-Notes

489A. Counterfeiting currency-notes or bank-notes —

Whoever counterfeits, or knowingly performs any part of the process of

counterfeiting, any currency-note or bank-note, shall be punished with

imprisonment for life, or with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine.

Explanation— For the purposes of this section and of sections 489B, 489C, 489D

and 489E, the expression "bank-note" means a promissory note or engagement

for the payment of money to bearer on demand issued by any person carrying on

the business of banking in any part of the world, or issued by or under the

authority of any State or Sovereign Power, and intended to be used as equivalent

to, or as a substitute for money.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

489B. Using as genuine, forged or counterfeit currency-notes or bank-notes

—

Whoever sells to, or buys or receives from, any other person, or otherwise traffics

in or uses as genuine, any forged or counterfeit currency-note or bank-note,

knowing or having reason to believe the same to be forged or counterfeit, shall be

punished with imprisonment for life, or with imprisonment of either description for a

term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

489C. Possession of forged or counterfeit currency-notes or bank-notes —

Whoever has in his possession any forged or counterfeit currency-note or bank-

note, knowing or having reason to believe the same to be forged or counterfeit and

intending to use the same as genuine or that it may be used as genuine, shall be

punished with imprisonment of either description for a term which may extend to

seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable—

Triable by Court of Session—Non-compoundable.

489D. Making or possessing instruments or materials for forging or

counterfeiting currency-notes or bank-notes —

Whoever makes, or performs, any part of the process of making, or buys or sells

or disposes of, or has in his possession, any machinery, instrument or material for

the purpose of being used, or knowing or having reason to believe that it is

intended to be used, for forging or counterfeiting any currency-note or bank-note,

shall be punished with imprisonment for life, or with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

489E. Making or using documents resembling currency-notes or bank-notes

—

(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever,

or delivers to any person, any document purporting to be, or in any way

resembling, or so nearly resembling as to be calculated to deceive any currency-

note or bank-note shall be punished with fine which may extend to one hundred

rupees.

(2) If any person, whose name appears on a document the making of which is an

offence under sub-section (1), refuses, without lawful excuse, to disclose to a

police-officer on being so required the name and address of the person by whom it

was printed or otherwise made, he shall be punished with fine which may extend

to two hundred rupees.

(3) Where the name of any person appears on any document in respect of which

any person is charged with an offence under sub-section (1) or on any other

document used or distributed in connection with that document it may, until the

contrary is proved, be presumed that person caused the document to be made.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 100 rupees—Non-Cognizable—Bailable—Triable by any

Magistrate—Non-compoundable.

CHAPTER XIX - OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. Breach of contract of service during voyage or journey —

Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec.

2 and Sch.

491. Breach of contract to attend on and supply wants of helpless person —

Whoever, being bound by a lawful contract to attend on or to supply the wants of

any person who, by reason of youth, or of unsoundness of mind, or of a disease or

bodily weakness, is helpless or incapable of providing for his own safety or of

supplying his own wants, voluntarily omits so to do, shall be punished with

imprisonment of either description for a term which may extend to three months, or

with fine which may extend to two hundred rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Compoundable by the person

with whom the offender has contracted.

492. Breach of contract to serve at distant place to which servant is

conveyed at master’s expense.

Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec.

2 and Sch.

CHAPTER XX - OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful

marriage —

Every man who by deceit causes any woman who is not lawfully married to him to

believe that she is lawfully married to him and to cohabit or have sexual

intercourse with him in that belief, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Non-cognizable—Non-

bailable—Triable by Magistrate of the first class—Non-compoundable.

494. Marrying again during lifetime of husband or wife —

Whoever, having a husband or wife living, marries in any case in which such

marriage is void by reason of its taking place during the life of such husband or

wife, shall be punished with imprisonment of either description for a term which

may extend to seven years, and shall also be liable to fine.

Exception— This section does not extend to any person whose marriage with

such husband or wife has been declared void by a court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or

wife, if such husband or wife, at the time of the subsequent marriage, shall have

been continually absent from such person for the space of seven years, and shall

not have been heard of by such person as being alive within that time provided the

person contracting such subsequent marriage shall, before such marriage takes

place, inform the person with whom such marriage is contracted of the real state of

facts so far as the same are within his or her knowledge.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—

Triable by Magistrate of the first class—Compoundable by the husband or wife of

the person so marrying with the permission of the court.

State Amendment

State of Andhra Pradesh:

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

Vide A.P. Act 3 of 1992, section 2 (w.e.f. 15-2-1992).

495. Same offence with concealment of former marriage from person with

whom subsequent marriage is contracted —

Whoever commits the offence defined in the last preceding section having

concealed from the person with whom the subsequent marriage is contracted, the

fact of the former marriage, shall be punished with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to

fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Non-cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

STATE AMENDMENT

State of Andhra Pradesh :

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

Vide A.P. Act 3 of 1992, section 2 (w.e.f. 15-2-1992)

496. Marriage ceremony fraudulently gone through without lawful marriage

—

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of

being married, knowing that he is not thereby lawfully married, shall be punished

with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

State Amendment

State of Andhra Pradesh :

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Non-compoundable.

Vide A.P. Act 3 of 1992, section 2 (w.e.f. 15-2-1992).

497. Adultery —

Whoever has sexual intercourse with a person who is and whom he knows or has

reason to believe to be the wife of another man, without the consent or connivance

of that man, such sexual intercourse not amounting to the offence of rape, is guilty

of the offence of adultery, and shall be punished with imprisonment of either

description for a term which may extend to five years, or with fine, or with both. In

such case the wife shall be punishable as an abettor.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Non-compoundable.

STATE AMENDMENT

State of Andhra Pradesh :

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

Vide A.P. Act 3 of 1992, section 2 (w.e.f. 15-2-1992).

498. Enticing or taking away or detaining with criminal intent a married

woman —

Whoever takes or entices away any woman who is and whom he knows or has

reason to believe to be the wife of any other man, from that man, or from any

person having the care of her on behalf of that man, with intent that she may have

illicit intercourse with any person, or conceals or detains with that intent any such

woman, shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person with whom the

offender has contracted.

CHAPTER XXA - OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A. Husband or relative of husband of a woman subjecting her to cruelty

—

Whoever, being the husband or the relative of the husband of a woman, subjects

such woman to cruelty shall be punished with imprisonment for a term which may

extend to three years and shall also be liable to fine.

Explanation —For the purpose of this section, "cruelty" means—

(a) any wilful conduct which is of such a nature as is likely to drive the

woman to commit suicide or to cause grave injury or danger to life, limb

or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to

coercing her or any person related to her to meet any unlawful demand

for any property or valuable security or is on account of failure by her or

any person related to her to meet such demand.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine-Cognizable if information relating

to the commission of the offence is given to an officer in charge of a police station

by the person aggrieved by the offence or by any person related to her by blood,

marriage or adoption or if there is no such relative, by any public servant belonging

to such class or category as may be notified by the State Government in this

behalf—Non-bailable—Triable by Magistrate of the first class—Non-

compoundable.

CHAPTER XXI - OF defamation

499. Defamation —

Whoever, by words either spoken or intended to be read, or by signs or by visible

representations, makes or publishes any imputation concerning any person

intending to harm, or knowing or having reason to believe that such imputation will

harm, the reputation of such person, is said, except in the cases hereinafter

expected, to defame that person.

Explanation 1 —It may amount to defamation to impute anything to a deceased

person, if the imputation would harm the reputation of that person if living, and is

intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2 —It may amount to defamation to make an imputation concerning a

company or an association or collection of persons as such.

Explanation 3 —An imputation in the form of an alternative or expressed

ironically, may amount to defamation.

Explanation 4 —No imputation is said to harm a person’s reputation, unless that

imputation directly or indirectly, in the estimation of others, lowers the moral or

intellectual character of that person, or lowers the character of that person in

respect of his caste or of his calling, or lowers the credit of that person, or causes

it to be believed that the body of that person is in a loathsome state, or in a state

generally considered as disgraceful.

Illustrations

(a) A says—"Z is an honest man; he never stole B’s watch"; intending to cause it

to be believed that Z did steal B’s watch. This is defamation, unless it fall within

one of the exceptions.

(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be

believed that Z stole B’s watch. This is defamation unless it fall within one of the

exceptions.

that Z stole B’s watch. This is defamation, unless it fall within one of the

exceptions.

First Exception —Imputation of truth which public good requires to be made

or published.—It is not defamation to impute anything which is true concerning

any person, if it be for the public good that the imputation should be made or

published. Whether or not it is for the public good is a question of fact.

Second Exception—Public conduct of public servants.—It is not defamation to

express in a good faith any opinion whatever respecting the conduct of a public

servant in the discharge of his public functions, or respecting his character, so far

as his character appears in that conduct, and no further.

Third Exception — Conduct of any person touching any public question.—It is

not defamation to express in good faith any opinion whatever respecting the

conduct of any person touching any public question, and respecting his character,

so far as his character appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting

Z’s conduct in petitioning Government on a public question, in signing a requisition

for a meeting on a public question, in presiding or attending a such meeting, in

forming or joining any society which invites the public support, in voting or

canvassing for a particular candidate for any situation in the efficient discharges of

the duties of which the public is interested.

Fourth Exception — Publication of reports of proceedings of Courts.—It is not

defamation to publish substantially true report of the proceedings of a Court of

Justice, or of the result of any such proceedings.

Explanation —A Justice of the Peace or other officer holding an inquiry in open

Court preliminary to a trial in a Court of Justice, is a Court within the meaning of

the above section.

Fifth Exception.—Merits of case decided in Court or conduct of witnesses and

others concerned.—It is not defamation to express in good faith any opinion

whatever respecting the merits of any case, civil or criminal, which has been

decided by a Court of Justice, or respecting the conduct of any person as a party,

witness or agent, in any such case, or respecting the character of such person, as

far as his character appears in that conduct, and no further.

Illustrations

(a) A says—"I think Z’s evidence on that trial is so contradictory that he must be

stupid or dishonest". A is within this exception if he says this is in good faith, in as

much as the opinion which he expresses respects Z’s character as it appears in

Z’s conduct as a witness, and no further.

(b) But if A says—"I do not believe what Z asserted at that trial because I know

him to be a man without veracity"; A is not within this exception, in as much as the

opinion which he express of Z’s character, is an opinion not founded on Z’s

conduct as a witness.

Sixth Exception—Merits of public performance.—It is not defamation to express

in good faith any opinion respecting the merits of any performance which its author

has submitted to the judgment of the public, or respecting the character of the

author so far as his character appears in such performance, and no further.

Explanation —A performance may be substituted to the judgment of the public

expressly or by acts on the part of the author which imply such submission to the

judgment of the public.

Illustrations

(a) A person who publishes a book, submits that book to the judgment of the

public.

(b) A person who makes a speech in public, submits that speech to the judgment

of the public.

in the judgment of the public.

(d) A says of a book published by Z— "Z’s book is foolish; Z must be a weak man.

Z’s book is indecent; Z must be a man of impure mind". A is within the exception, if

he says this in good faith, in as much as the opinion which he expresses of Z

respects Z’s character only so far as it appears in Z’s book, and no further.

(e) But if A says—"I am not surprised that Z’s book is foolish and indecent, for he

is a weak man and a libertine". A is not within this exception, in as much as the

opinion which he expresses of Z’s character is an opinion not founded on Z’s

book.

Seventh Exception —Censure passed in good faith by person having lawful

authority over another —It is not defamation in a person having over another any

authority, either conferred by law or arising out of a lawful contract made with that

other, to pass in good faith any censure on the conduct of that other in matters to

which such lawful authority relates.

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the

Court; a head of a department censuring in good faith those who are under his

orders; a parent censuring in good faith a child in the presence of other children; a

school-master, whose authority is derived from a parent, censuring in good faith a

pupil in the presence of other pupils; a master censuring a servant in good faith for

remissness in service; a banker censuring in good faith the cashier of his bank for

the conduct of such cashier as such cashier—are within the exception.

Eight Exception —Accusation preferred in good faith to authorised

person.—It is not defamation to prefer in good faith an accusation against any

person to any of those who have lawful authority over that person with respect to

the subject-matter of accusation.

Illustration

If A in good faith accuse Z before a Magistrate; if A in good faith complains of the

conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct

of Z, and child, to Z’s father—A is within this exception.

Ninth Exception—Imputation made in good faith by person for protection of

his or other’s interests.—It is not defamation to make an impu

500. Punishment for defamation —

Whoever defames another shall be punished with simple imprisonment for a term

which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Court of Session—Compoundable by the person

defamed.

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by

the person defamed with the permission of the court.

COMMENTS

A person cannot be said to have committed an offence under section 500, or 501

or 502 or 504 of the Code merely because some news item or article is published

attributing certain utterances to that person; Laloo Prasad v. State of Bihar, (1997)

2 Crimes 498 (Pat).

501. Printing or engraving matter known to be defamatory —

Whoever prints or engraves any matter, knowing or having good reason to believe

that such matter is defamatory of any person, shall be punished with simple

imprisonment for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Court of Session—Compoundable by the person

defamed.

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

502. Sale of printed or engraved substance containing defamatory matter.—

Whoever sells or offers for sale any printed or engraved substance containing

defamatory matter, knowing that it contains such matter, shall be punished with

simple imprisonment for a term which may extend to two years, or with fine, or with

both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Court of Session—Compoundable by the person

defamed.

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

CHAPTER XXII - OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation —

Whoever threatens another with any injury to his person, reputation or property, or

to the person or reputation of any one in whom that person is interested, with

intent to cause alarm to that person, or to cause that person to do any act which

he is not legally bound to do, or to omit to do any act which that person is legally

entitled to do, as the means of avoiding the execution of such threat, commits

criminal intimidation.

Explanation—A threat to injure the reputation of any deceased person in whom

the person threatened is interested, is within this section.

Illustration

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to

burn B’s house. A is guilty of criminal intimidation.

504. Intentional insult with intent to provoke breach of the peace —

Whoever intentionally insults, and thereby gives provocation to any person,

intending or knowing it to be likely that such provocation will cause him to break

the public peace, or to commit any other offence, shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person insulted.

505. Statements conducing to public mischief —

(1) Whoever makes, publishes or circulates any statement, rumour or report,—

(a) with intent to cause, or which is likely to cause, any officer, soldier,

sailor or airman in the Army, Navy or Air Force of India to mutiny or

otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the

public, or to any section of the public whereby any person may be

induced to commit an offence against the State or against the public

tranquility; or

community of persons to commit any offence against any other class or

community;

shall be punished with imprisonment which may extend to three years, or with fine,

or with both.

(2) Statements creating or promoting enmity, hatred or ill-will between

classes —

Whoever makes, publishes or circulates any statement or report containing rumour

or alarming news with intent to create or promote, or which is likely to create or

promote, on grounds of religion, race, place of birth, residence, language, caste or

community or any other ground whatsoever, feelings of enmity, hatred or ill-will

between different religious, racial, language or regional groups or castes or

communities, shall be punished with imprisonment which may extend to three

years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—

Whoever commits an offence specified in sub-section (2) in any place of worship

or in an assembly engaged in the performance of religious worship or religious

ceremonies, shall be punished with imprisonment which may extend to five years

and shall also be liable to fine.

Exception.—It does not amount to an offence, within the meaning of this section

when the person making, publishing or circulating any such statement, rumour or

report, has reasonable grounds for believing that such statement, rumour or report

is true and makes, publishes or circulates it in good faith and without any such

intent as aforesaid.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Non-

cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Para II: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—

Non-bailable—Triable by any Magistrate—Non-compoundable.

Para III: Punishment—Imprisonment for 5 years and fine—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable.

COMMENTS

(i) Mens rea is a necessary postulate for the offence under section 505(2) of the

Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today

127.

(ii) Publication or circulation is sine qua non under section 505(2) of the Code; Bilal

Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.

506. Punishment for criminal intimidation —

Whoever commits, the offence of criminal intimidation shall be punished with

imprisonment of either description for a term which may extend to two years, or

with fine, or with both;

If threat be to cause death or grievous hurt, etc.—and if the threat be to cause

death or grievous hurt, or to cause the destruction of any property by fire, or to

cause an offence punishable with death or imprisonment for life, or with

imprisonment for a term which may extend to seven years, or to impute, unchastity

to a woman, shall be punished with imprisonment of either description for a term

which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable-

Bailable—Triable by any Magistrate—Compoundable by the person intimidated.

Para II: Punishment—Imprisonment for 7 years, or fine, or both—Non-

cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

State Amendment

State of Uttar Pradesh:

—Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable by

Magistrate of the first class—Non-compoundable.

Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, Published in U.P.

Gazette, Extra., Pt. A, sec. (kha), dated 2nd August, 1989.

507. Criminal intimidation by an anonymous communication —

Whoever commits the offence of criminal intimidation by an anonymous

communication, or having taken precaution to conceal the name or abode of the

person from whom the threat comes, shall be punished with imprisonment of either

description for a term which may extend to two years, in addition to the

punishment provided for the offence by the last preceding section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, in addition to the punishment under above

section—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-

compoundable.

508. Act caused by inducing person to believe that he will be rendered an

object of the Divine displeasure —

Whoever voluntarily causes or attempts to cause any person to do anything which

that person is not legally bound to do, or to omit to do anything which he is legally

entitled to do, by inducing or attempting to induce that person to believe that he or

any person in whom he is interested will become or will be rendered by some act

of the offender an object of Divine displeasure if he does not do the thing which it

is the object of the offender to cause him to do, or if he does the thing which it is

the object of the offender to cause him to omit, shall be punished with

imprisonment of either description for a term which may extend to one year, or

with fine, or with both.

Illustrations

(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by

so sitting, he renders Z an object of Divine displeasure. A has committed the

offence defined in this section.

(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own

children, under such circumstances that the killing would be believed to render Z

an object of Divine displeasure. A has committed the offence defined in this

section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person against whom

the offence was committed.

509. Word, gesture or act intended to insult the modesty of a woman —

Whoever, intending to insult the modesty of any woman, utters any word, makes

any sound or gesture, or exhibits any object, intending that such word or sound

shall be heard, or that such gesture or object shall be seen, by such woman, or

intrudes upon the privacy of such woman, shall be punished with simple

imprisonment for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—

Bailable—Triable by any Magistrate—Compoundable by the woman whom it was

intended to insult or whose privacy was intruded upon with the permission of the

court.

510. Misconduct in public by a drunken person —

Whoever, in a state of intoxication, appears in any public place, or in any place

which it is a trespass in him to enter, and there conducts himself in such a manner

as to cause annoyance to any person, shall be punished with simple imprisonment

for a term which may extend to twenty-four hours, or with fine which may extend to

ten rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Simple imprisonment for 24 hours, or fine of 10 rupees, or both—

Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER XXIII - OF ATTEMPTS TO COMMIT OFFENCES

511. Punishment for attempting to commit offences punishable with

imprisonment for life or other imprisonment —

Whoever attempts to commit an offence punishable by this Code with

imprisonment for life or imprisonment, or to cause such an offence to be

committed, and in such attempt does any act towards the commission of the

offence, shall, where no express provision is made by this Code for the

punishment of such attempt, be punished with imprisonment of any description

provided for the offence, for a term which may extend to one-half of the

imprisonment for life or, as the case may be, one-half of the longest term of

imprisonment provided for that offence, or with such fine as is provided for the

offence, or with both.

Illustrations

(a) A makes an attempt to steal some jewels by breaking open a box, and finds

after so opening the box, that there is no jewel in it. He has done an act towards

the commission of theft, and therefore is guilty under this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s

pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A

is guilty under this section.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life or imprisonment not exceeding half of the

longest term provided for the offence, or fine, or both—According as the offence is

cognizable or non-cognizable—According as the offence attempted by the

offender is bailable or not—Triable by the court by which the offence attempted is

triable—Non-compoundable.

Comments

This section is in applicable to offences created by any special law.

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